Mediation is an effective way to resolve most litigation in most cases. Mediation involves a client and their attorney as well as the other party and their attorney. A mediator is present who acts in a confidential setting and attempts to work out the issues that are unresolved in the case.
Both sides present their positions to the Mediator who typically is an attorney who gives the advantages and disadvantages of taking the case to Trial Mediators can be handled with both parties sitting across from each other in the same room or alternatively by caucus which is a negotiation where the parties and their counsel are in separate rooms. I am a Florida Supreme Court Certified Family Law Mediator and it is my opinion that Mediators have a better chance of being successful when the parties are in separate rooms. This will prevent face-to-face confrontations between the parties whose emotions may rise by arguing across a table.
One of the most important aspects of Mediation is selecting the correct Mediator. Some Mediators are considered strong and other Mediators are considered soft. The issues in the cause should play a role in selecting a Mediator. The gender of a Mediator may also be relevant to some clients who might have a preference for a male of female Mediator. Many times an attorney should select a Mediator whose personality will not conflict with the personalities of the parties.
Mediation will cost a client money and the hourly fee of a Mediator should be considered as well when selecting the right person.
Many parties who proceed to Mediation ultimately save large sums of money by resolving their matters in Mediation. Going to Trial is the most expensive result of a lawsuit and most cases can be settled if the parties act in good faith.
Setting a case in Mediation also results typically in less fighting after the Agreement and following a Final Hearing. This results in a long-term benefit to both parties and children of the parties, because no one can say they are a winner or loser in the litigation.
As a Florida Supreme Court Certified Mediator, I believe that all cases can be settled through Mediation and that the benefits of Mediation for outweigh any risks or costs of Mediation.