Personal & Business Mediation
Mediation is a voluntary and confidential process in which a neutral third-party helps discuss difficult issues, negotiate an agreement and resolve disputes. It is a suitable dispute resolution process for both individuals and businesses.
A Mediator can assist you in easing the way for communication. They will provide guidance to help you come up with possible solutions, stay on track, and clarify areas of agreement and disagreement. The mediator may help you and the other party see the conflict from each other side’s point of view.
Mediators do not issue orders, find fault, or make determinations. Instead, mediators help parties to reach a settlement by assisting with communications, obtaining relevant information, and developing options. The mediator is prohibited from providing therapy, counseling, legal advice or a final determination of how your situation should be settled.
The main focus remains on the parties as they work towards a mutually beneficial solution. Most disputes are successfully resolved and often the parties will then enter into a written settlement agreement.
Mediation has enjoyed increasing popularity as an important part of the litigation process. For example, in Florida, almost all lawsuits are required to be mediated before a court will allow them to be put on the trial calendar. The reasoning behind this requirement, according to the Florida senate, is because mediation has proven effective in reducing court dockets and trials, and offers a more efficient, cost-effective option to litigation.
Mediation is suitable for many types of disagreements and disputes such as:
- Family Businesses
- Financial or Budget Disagreements
- Sale of a Business
- Purchase of a Business
- Business Documents & Agreements
- Litigation Support
- Prenuptial Agreements
- Separation / Divorce
- Spousal Support / Alimony
- Grandparent Visitation
- Estate / Wills Disputes
- Small Claims
- Home Foreclosures / Short Sales
- Dog bites
- Animal control
- Condos allowing or not certain animals
- Animal neighboring issues
- Horse and Livestock contracts sales
What happens if I don’t come to any agreement in mediation?
Mediation is used by the courts; additionally there are state and local agencies as well as individuals and corporations which use mediation. When it is used by the court, it is called a “court-ordered mediation.” If you are court ordered to mediation and you are unable to settle your differences, you will go back to court and the judge (or jury) will make a decision for you.
What are the advantages to mediation?
1. Mediation provides an opportunity to talk with someone who is impartial.
2. The issues in your dispute are not decided by someone else (self-determination).
3. What you say in mediation is confidential.
4. The mediator can help you overcome obstacles to communication with the other person or party in your dispute.
5. Mediation agreements are enforceable.
6. A mediated agreement allows you and the other person or party to reach flexible solutions to your dispute.
7. Mediation is not a trial nor an arbitration.
8. Mediation can save time and costs.
9. You know what you have agreed to in mediation instead of gambling with what the judge or jury may decide if you go to court.
10. Mediation is an opportunity to gain a greater understanding about why the dispute arose.