At any time during a personal injury case in Florida, the parties to the lawsuit may attempt to negotiate a settlement. Mediation is a voluntary process and negotiation tool in which the parties meet and discuss their disputes with the assistance of a specially trained and impartial mediator who will work to assist the parties in negotiating and reaching a settlement.
Attendance at a mediation conference is voluntary, unless it is required through a contract, statute, or court order. Anything that is shared in the mediation conference is strictly confidential and any statements made during mediation cannot be used by either party as evidence in court.
What is a Mediator?
A mediator is a neutral and impartial third-party professional experienced in conflict resolution. Many mediators are attorneys or retired judges who have been specially trained and must meet many requirements in order to become certified. Mediators are held to high ethical standards and rules of professional conduct adopted by the Florida Supreme Court.
A mediator will help facilitate discussions between you, your attorney, and the other party or parties and their attorneys, but the mediator will not make decisions for you or decide the outcome of your case.
The mediator’s job is to keep the parties focused on the areas of agreement and disagreement, help come up with possible solutions, work to identify the strengths and weaknesses of the case, and keep the negotiation process on track in order to resolve the dispute.
What Happens During Mediation?
Most mediations in Florida proceed as follows:
- Opening Statements. The mediator will introduce all of the parties and give a brief explanation of the mediation process, including the rules and goals of mediation. Each party will have prepared written summaries for the mediator to read in advance of the mediation, but the parties will make a brief opening statement outlining the important facts and issues related to their case.
- Private Meetings. After the opening statements, the parties will break out into separate rooms. The mediator will meet with each party separately to discuss the strengths and weaknesses of the case.
- Exchange of Offers. The mediator will move between the two rooms to discuss and exchange offers separately with the parties. This process will continue as long as needed or as long as time will allow, or until the parties reach an impasse or a resolution.
- Closure. Mediation will end when the parties have 1) reached an agreement; 2) the mediator declares and impasse because one or both parties are unwilling to continue negotiating; or, 3) the mediation is adjourned and continued for another day with both parties’ consent. In the event the parties reach an agreement on all or some of the issues, the mediator will put the agreement in writing and all parties will sign the agreement.
Do you Need an Attorney for Mediation in Florida?
The experience of a skilled personal injury lawyer is vital to the process of mediation. Our attorneys are highly experienced in mediation, arbitration, negotiation, and litigation.
If you have been injured due to someone else’s negligence, The Law Office of Heidi A. Hillyer, P.A. will fight passionately to resolve your personal injury claim and seek full and fair compensation for your injuries.
To schedule your free and confidential initial consultation and case evaluation, please call our office at (407) 636-8300, email, or contact us online.