Should I consider Mediation?
Unknown to many, mediation offers innumerable benefits to those willing to consider it.
WHEN IS MEDIATION NECESSARY?
It can be voluntary. But, under Florida law, there are very few cases that are not ordered to mediation.
If you’re unwilling to participate in a court-ordered mediation, you will be at risk for sanctions, including mediation fees, attoney’s fees and costs.
Mediation is an excellent alternative to trial when the parties are;
- Focused on maintaining a good relationship, after the dispute is resolved, these may be the case for business partners who wish to keep doing business together.
- Looking to identify parties’ positions and underlying issues.
- Interested in exploring settlement alternatives.
- Interested in exercising self-determination and joint problem-solving.
WHAT ARE THE ADVANTAGES?
- Saves you time and money
The process takes a few hours to days, allowing you to get back to your lives faster.
It saves on legal costs as well as lost productivity costs of the parties involved in the dispute. The mediation costs are typically split between the parties.
- The whole process is confidential
There are no records and transcripts that may be used against you in pending or future lawsuits.
- Exceedingly flexible and produces better results
Parties have a more significant involvement in negotiations and have more control over the outcomes.
Parties come to a mutual settlement with no public record of a winner/loser, or admission of guilt, insuring greater privacy.
- Protects ongoing relationships
It keeps all parties away from the torture of years in litigation and results in outcomes that are agreeable to all.
Thus, increasing the chances of preserving personal or business relationships.
- Self-determination
The decision is primarily in your hands. You don’t rely on judges and a jury who may have little to no real interest in your case.
- Free to voice opinions and concerns
Due to mediation confidentiality, all parties can speak freely in the mediation conference thus improving the chances of understanding each others positions.
MEDIATION SHOULD BE CONSIDERED!
Although a mediator doesn’t make any decision, it is advisable to hire someone with experience.
A mediator will help you identify underlying issues, reduce misunderstandings, and suggest or offer outcomes without imposing them on you.
At, McCorvey Law and Mediation, PLLC, our in-depth experience in dealing with all types of business and real estate disputes is invaluable in assisting the parties as they work together to find common ground and suitable outcomes. Contact us today at 904.329.7237 or visit us at 301W. Bay Street Suite 1458, Jacksonville, FL, 32202.
See our FAQ videos answering questions concenring mediation at www.mccorveylegal.com.