Mediation:  A Complete Solution

What is Mediation?

In a nutshell mediation is a voluntary process for resolving conflicts, often mandated by courts or regulations in small claims, housing, family, and some criminal courts. It’s faster, more affordable, and simpler than going to court, focusing on underlying causes rather than legal details.

A neutral mediator facilitates communication, helps find common ground, and manages unrealistic expectations. They actively listen, explain concepts, and ensure understanding.

Mediation agreements’ enforceability varies by jurisdiction, but most are considered enforceable contracts. In court-ordered mediations, the agreement may become a judgment. If an agreement isn’t reached, parties can still pursue claims in court.

Florida’s court rules cover mediation comprehensively, from Rule 1.700 to Rule 1.730. They cover criteria for referring cases, mediator qualifications, conference procedures, and agreement enforcement. 

Who orders mediation?

A judge can refer any civil case to mediation, except in specific classes where it’s not permitted. Mediation varies based on case category. Many courts routinely order mediation and include the order in a uniform pretrial order or serve it separately. However, parties can object to the court’s mediation order. Rule 1.700(b) outlines grounds for objections. Parties can skip mediation if: (1) the same parties have mediated the issue, (2) the issue is legal, (3) the case is excluded from mediation, or (4) there’s a compelling reason. If skipping mediation, parties must file a motion within 15 days of the order. 

Parties can also request a delay until a later date in the trial court. Rule 1.700(c) provides grounds for delays. Parties must file a detailed motion explaining their reasons within 15 days of the order. Like a motion to skip mediation, a motion to delay mediation must be submitted within 15 days of the order. The court must serve the motion on the opposing party and notify all interested parties, including the mediator. 

Privacy at Mediation is Paramount

Mediation conferences are usually private, but the court may allow public access if a public agency and its officials with full settlement authority attend.   However, If a party misses mediation, the court can impose penalties.

Parties Must Appear at Mediation

Appearance means

1. A party or their representative can settle without further consultation.

2. The party’s attorney.

3. A representative of the insurance carrier with full authority to settle up to the plaintiff’s last demand or the policy limits.

If a representative lacks full authority, their absence is equivalent to their non-presence.

Settlement Agreements Reached at Mediaiton are Enforceable

Rule 1.730(b) mandates that any settlement agreement reached during mediation must be documented and signed by the parties and their lawyers, if applicable. While the parties don’t necessarily need to file the agreement in court, they and the mediator usually maintain it confidential. If the parties have the legal option to preserve their privacy, they must file a joint notice of dismissal with the court. Upon signing a mediation agreement, the parties may relinquish their right to challenge the validity of the mediation process. For instance, if all parties sign the agreement, one party loses the ability to argue that another party failed to send an authorized representative. The court can enforce a settlement agreement reached during mediation, even if it wasn’t filed in court. A written agreement supersedes existing rights in the case. If either party breaches the agreement, the court can impose penalties, attorney fees, or even enter a judgment in favor of the agreement. 

Mediation does not stop Discovery

A common misconception is that mediation automatically stops discovery from taking place in the case. Mediation doesn’t halt the discovery process or grant interim or emergency relief unless the parties consent. 

A Final Word about Mediation

Mediation is part art and part science.  It involves negotiation that can determine the entire outcome of your case and you should generally prepare for it. It is often best to collaborate with your attorney in advance so that you can discuss the best strategy for you to undertake at mediation whether you are a plaintiff or defendant.  Call Sanford area attorney Andrew J. Pascale today at 877-667-1211 if you are in need representation at mediation. This blog does not constitute legal advice and is for illustrative purposes only.