MEDIATION INFORMATION
WHAT IS MEDIATION?
In Mediation, a neutral, independent, third party (“the mediatorJ works with the parties to help them settle their dispute. The mediator does not act as a judge to decide who is right or wrong in the dispute, nor does the mediator act as an attorney for either party.
WHAT ARE THE BENEFITS OF MEDIATION SETTLEMT AGREEMENTS?
To end the lawsuit with an outcome that is acceptable to both parties. In order to do this both parties may have to agree on settlement terms that are a compromise of the lawsuit. For example, the Plaintiff may take less than the full amount of the claim and the Defendant may give a bit more than it believes it should to settle the matter TODA
To avoid further costs including time off from work attorney’s fees, and court costs.
To fashion a result which the court could not provide.
WILL ANYTHING SAID IN THE MEDIATION PROCESS BE TOLD TO THE JUDGE?
No. Everything sais in the mediation process (except matters involving crimes or fraud) are privileged and confidential as settlement discussions. The only report that is made to the court is the terms of the settlement or that the case was not settled.
IF WE REACH A MEDIATED SETTLEMENT AGREEMENT, WHEN WILL IT BECOME FINAL?
The Mediation Settlement Agreement will be signed by the parties and approved by the court immediately.
WHAT WILL IT COST?
There is no cost to the parties. Upper Keys attorneys are donating their time without charge as a service to the Court and the Public.
WHO IS YOUR MEDIATOR?
The Mediator will be an attorney who has practiced law in Florida for at least five (5) years. Mediators have extensive experience in litigation and have either undergone training locally or have been certified as a Mediator by the Florida Supreme Court.