Mediation is a procedure to assist you and your partner reach an agreement and avoid having a trial to have a judge determine how your family situation will be resolved.
- Mediation provides an opportunity to talk with someone who is impartial;
- The issues in your dispute are not decided by someone else (self-determination): In mediation, you are the “decision maker.”
- What you say in mediation is confidential: Unlike trials and hearings, which are held in public courtrooms, mediations are private and, with a few exceptions, confidential. This also applies in a non-court ordered mediation if either a) the parties agree it will apply or b) it is mediated by a certified mediator. Three main examples of these exceptions are child abuse, elder/vulnerable adult abuse, or anyone saying that they are committing or planning a crime.
- The mediator can help you overcome obstacles to communication with the other person or party in your dispute.
- Mediation agreements are enforceable: If you reach an agreement in mediation, that agreement must be put into writing and signed by the parties. The written agreement becomes a legally binding document , which is enforceable in court.
- A mediated agreement allows you and the other person or party to reach flexible solutions to your dispute: Mediation provides you with an opportunity to be creative with your solutions.
- Mediation is not a trial and if you reach an agreement at mediation, you do not have to go to trial.
- Mediation can save time and costs: Since mediation is a discussion between the parties, it can be much quicker than the formal trial process. Thus, it may also cost less than going to court - in both dollars and stress.
- You know what you have agreed to in mediation instead of gambling with what the judge or jury may decide if you go to court. At mediation, the parties make the decisions.
- Mediation is an opportunity to gain a greater understanding about why the dispute arose: In mediation you are talking with each other, the mediator, and your attorney if you bring one.
Source: Florida Courts