FREQUENTLY ASKED QUESTIONS
WHAT IS MEDIATION (As defined by rule 10.210)?
Mediation is a process whereby a neutral and impartial third person acts to encourage and facilitate the resolution of a dispute without prescribing what it should be. It is an informal and non-adversarial process intended to help disputing parties reach a mutually acceptable agreement. WHAT IS THE ROLE OF THE MEDIATOR?
The role of the mediator is to reduce obstacles to communication, assist in the identification of issues and exploration of alternatives, and otherwise facilitate voluntary agreements resolving the dispute.
WHO ARE THE DECISION MAKERS?
The ultimate decision-making authority, however, rests solely with the parties.
IS MEDIATION CONFIDENTIAL?
Yes, Florida law (F.S.44.401 – 44.406) provides that mediation communications are confidential and privileged if the mediation is court-ordered or the parties use a Florida Supreme Court Certified Mediator. Generally, parties are not permitted to disclose mediation communications with anyone else other than another mediation participant or the participant’s attorney. However, there are some exceptions to mediation confidentiality and privilege protections.
WHAT HAPPENS AFTER MEDIATION?
If the case is court-ordered, the mediator will report who participated in mediation and if an agreement was reached. If no agreement was reached, the mediator will report the lack of an agreement to the court without comment or recommendation.
HOW DO I LEARN MORE ABOUT MEDIATION?
Call Jerry Coleman at 727-505-2979 and/or email firstname.lastname@example.org