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Long before participants will meet the mediator, the process of mediation begins when the participants, or their attorneys, inform each other of their 'position' in a dispute. This could take place months before a formal mediation conference. In some types of cases certain documents should be disclosed to each party prior to a mediation conference. In a family court matter, for example, it would be difficult to resolve the issues of alimony, child support of division of assets and liabilities, until there has been a full disclosure of financial documents. Careful preparation before a mediation conference is essential to reaching a settlement at a mediation conference.
Mediation can help you settle your dispute without the need for a judge. If you have a case in court and you cannot resolve your differences amicably, a judge will ultimately decide how your differences will be resolved. Mediation gives each party the power to resolve differences amicably and on terms both sides can be happy with. A mediator does not make decisions at a mediation, not does a mediator give legal advice to the participants. The power to resolve issues between the participants, belongs with the participants. Mediation is a collaborative process, meaning that the participants work together towards a common goal of resolving the case amicably. As such, participants learn to become more comfortable with exploring alternatives and common points of interest.
Mediation is Voluntary, participants are not required to reach an agreement, and the mediator will not make a decision on any issues, if the participants are unable to reach an agreement. Participants only obligation is to attend mediation with a good faith intention and ability to resolve any outstanding issues.
Mediation can resolve your case quickly. Mediation purpose is to assist the participants in reaching an agreement resolving a dispute. Working with a mediator to consider other points of few If the participants reach an agreement at a mediation conference, the mediator will prepare a written agreement for each side to review and sign.
to schedule your mediation
Mediation is the process of helping participants resolve legal issues. Whether in or out of court, it is always possible to resolve a conflict through mediation and settlement. Mediation is a voluntaryprocess, and participants can leave at any time, with or without a reason. A mediator cannot force you to settle and will not impose a solution on you, but will help you and your spouse try to find your own solution. Mediation is confidential, with few exceptions.
Mediation starts with an initial opening session with everyone together. After opening statements, the mediator may separate the parties with their attorney into separate rooms at anytime during the process or you may stay in the same room throughout the mediation session.
All Courts require mediation before a final trial, with some exceptions in the case of abuse, drug or alcohol abuse, or other extreme circumstances. Many Courts require that the parties attend mediation before a temporary orders hearing.
Who decides on the mediator?
Your attorney and spouses attorney will choose the mediator. If they cannot agree, the Court will appoint a mediator. Most mediators require information so they are familiar with the issues; you attorney will complete this, but feel free to fax or e-mail me anything you wish the mediator to know.
Christophe Fiori is a Florida Supreme Court Certified Circuit Civil and Family Mediator.
If you reach an agreement, the mediator (or your attorney) will help write out the parameters of the agreement you have reached. All parties will sign that Mediated Settlement Agreement that day. Then, one of the attorneys will be responsible for drafting the final version of that agreement for the parties to sign and file with the Court. A signed Mediated Settlement Agreement is IRREVOCABLE. The agreement is binding and cannot be changed after signing. So, please read the agreement carefully before signing because you cannot withdraw the agreement and no provisions can be renegotiated.
In the unfortunate event your case is not settled, you will need to be present at the trial setting. Please understand that I will do everything in my power to resolve your case as quickly as possible. If mediation is unsuccessful, please do not give up on trying to settle your case. I encourage you to keep thinking of ways to resolve your case, short of trial.
Benefits of Mediation
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