Mediation is a structured negotiation process used to resolve disputes with the assistance of an impartial third party, the mediator. Mediation is not a trial, and the mediator is not a judge. The mediator has no power or authority to force the parties to settle or to levy penalties if a settlement cannot be reached. It is the mediator's responsibility and ethical duty to remain neutral. In a mediation, the parties are the decision-makers. The mediator is only there to help the parties discuss the issues and offer creative solutions to resolve the dispute, but the mediator cannot make decisions for you.
It is important to remember that in a mediation, each party may need to make certain concessions to reach a resolution. Therefore, all parties are encouraged to keep an open mind and to consider where they might have some flexibility. With the mediator's help, this might include identifying and narrowing the major issues that will help reach a workable solution. While the parties have full control over the mediation outcome, keep in mind that in a court scenario, the parties have very little to no control over the outcome.
Our firm offer Zoom Mediations for the convenience of the parties. In-person mediations are also available, if desired.
Attorney Harper is a Florida Supreme Court Certified Circuit Civil Mediator. If you'd like more information about our mediation practice, please contact us below!