What are some advantages of mediation?
- Mediation provides an opportunity to talk with someone who is impartial.
- The issues in your dispute are not decided by someone else (self-determination).
- What you say in mediation is confidential.
- The mediator can help you overcome obstacles to communication with the other person or party in your dispute.
- Mediation agreements are enforceable.
- A mediated agreement allows you and the other person or party to reach flexible solutions to your dispute.
- Mediation is not a trial nor an arbitration.
- Mediation can save time and costs.
- 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.
- Mediation is an opportunity to gain a greater understanding about why the dispute arose.
1) Mediation provides an opportunity to talk with someone who is impartial.
Impartiality is defined as not showing any favoritism or prejudice. A mediator must remain impartial at all times and must not show a preference for one party or another.
2) The issues in your dispute are not decided by someone else (self-determination).
In mediation, you are the “decision maker.” The mediator helps you discuss your concerns, but cannot make decisions for you.
3) 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. If your mediation is court-ordered or conducted by a certified mediator, there are laws and rules which require confidentiality. (See the Mediation Confidentiality and Privilege Act, sections 44.401 – 44.406, Florida Statutes). The Act always applies if the mediation is court-ordered, but the act will also apply in a non-court ordered mediation if either a) the parties agree it will apply or b) it is mediated by a certified mediator. Although not required, sometimes the mediator may ask the parties to state in writing that they will keep everything confidential. The goal is to allow you and anyone at mediation and their lawyer, if any, to talk about legal and non-legal issues without fear of others (including the judge) hearing about it. While most things said during mediation will be confidential, there are some exceptions. (Three main examples of these exceptions are child abuse, elder/vulnerable adult abuse, or anyone saying that they are committing or planning a crime. If you are interested in all the exceptions, see section 44.405(4)(a)(1) – (6), Florida Statutes.A signed mediated settlement agreement is not confidential unless the parties agree it will be confidential and the law allows the agreement to be confidential. Instead, the agreement may – and in some cases MUST – be put in a court file.
4) The mediator can help you overcome obstacles to communication with the other person or party in your dispute.
Even if you have already tried to talk it out or negotiate with the other or party, a mediator can help you and the other party listen to each other and keep you focused. A mediator is there to help both sides communicate and explore possible solutions. If you and the other party get stuck, the mediator can sometimes help restart the conversation in a new way and help everyone take another step forward.
5) 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 (contract), which is enforceable by the court.
6) 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. If both sides agree, you can reach a settlement agreement specific to your individual needs. Mediation is different from litigation (a trial), where the judge or jury makes a final decision. With mediation, both sides can “win,” this is called a “win-win” situation.
7) Mediation is not a trial nor an arbitration.
Mediation is neither a trial nor an arbitration. In a trial, the parties present evidence and argument so a judge or jury decides the outcome of the dispute. Likewise, in arbitration, the parties present evidence and arguments so an arbitrator or panel of arbitrators decides the outcome of a dispute. In mediation, the mediator assists the parties as they talk about their dispute to help them find and explore mutually acceptable resolutions of their dispute. If you reach an agreement at mediation, you do not have to go to trial or arbitration.
8) 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.
9) 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.
If you resolve the dispute in mediation, you are not gambling on what the judge or jury might decide. In a trial, the final decision will be made by the judge or the jury (if there is a jury). It is uncertain what decision will be made at trial, but you will be bound by that decision whether you agree with or like the outcome of the trial. At mediation, the parties make the decisions.
10) 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. This interaction promotes a better understanding of the actions that lead to the conflict. Sometimes when the parties understand the “why” of the other person’s actions, it helps create a desire to resolve the dispute.