What Is Mediation?

Mediation is a process in which people work to resolve disputes directly with one another—with the assistance of a neutral mediator. A mediator facilitates and encourages communication and negotiation, helping the parties explore the possibility of settlement while remaining impartial and without taking sides.

In Florida, judges in civil and family court cases routinely order the parties to participate in mediation with trained mediators certified by the Florida Supreme Court before a trial can take place. Judges do this to ensure that everyone has a meaningful opportunity to resolve their disputes on their own before a court imposes a judgment.

A core principle of mediation is self‑determination. Under Florida’s mediator ethics rules, mediators must ensure that the parties themselves control the decisions and outcomes. When parties are represented by attorneys, those attorneys typically attend the mediation and may speak on behalf of their clients, but decisions on settling remain in the clients' hands.

Mediation is voluntary in the sense that no one is required to reach an agreement. Even if a judge orders the parties to attend mediation, each person may decide at any point whether they want to settle or end the session without an agreement. If the parties cannot reach a resolution, the mediation ends in an impasse, and the case proceeds toward trial.

The advantages of resolving disputes in mediation are significant:

Uncertainty of trial outcomes: No one can predict with certainty how a judge or jury will ultimately rule. Mediation allows people to avoid the risk of an unfavorable judgment and agree to terms acceptable to them;
Control over the result: Even if neither party achieves the “best possible” trial outcome, both may avoid the worst possible outcome and reach a resolution they can accept;
Reduced legal costs: Settling in mediation can prevent the substantial attorney’s fees and expenses associated with preparing for and participating in a trial; and
Lower stress and time commitment: Lawsuits require extensive preparation and can be emotionally taxing. Mediation offers a way to resolve disputes more efficiently and with less pressure than a courtroom trial.

Disclaimer: Everything shared on this website is provided for general information purposes only and is not legal advice for anyone's particular circumstances.

For more information and to discuss your particular concerns, you can talk to Stuart Reed at Law & Mediation, LLC. Call 727-565-0590, email Talk2Stuart@aol.com or use our online scheduling system.