Mediation & Arbitration

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 What is mediation and what are its advantages?

    Florida Statute 44.1011(2) defines mediation as:

    [A] process whereby a neutral third person called a mediator acts to encourage and facilitate the resolution of a dispute between two or more parties. It is an informal and nonadversarial process with the objective of helping the disputing parties reach a mutually acceptable and voluntary agreement. In mediation, decision making authority rests with the parties. The role of the mediator includes, but is not limited to, assisting the parties in identifying issues, fostering joint problem solving, and exploring settlement alternatives.

    Mediation is a non-binding process. Each party makes an informal opening statement stating their view of the facts and issues. The mediator then meets with each party in private meetings called caucuses. During a caucus, the mediator asks further questions to gather information and may make suggestions as to how to resolve the controversy.

    There are many advantages to resolving a case at mediation instead of trial. Mediation provides the parties with an opportunity to be heard in a non-adversarial environment. At mediation the parties are empowered to be creatively settle a case using remedies which are not available in a courtroom. The parties also have the opportunity to resolve a case on their own terms rather than the uncertainty of having a judge or jury decide the case. Another significant advantage of mediation is that mediation costs will likely be thousands of dollars less than costs at trial.

Advantages of Mediation

• Non-adversarial
• Parties can create their own remedies
• Much less costly than trial or arbitration
• Avoid uncertainty of trial
• No undue delays
• Much less stress than at trial or arbitration

What is arbitration and what are its advantages?

    Florida Statute 44.1011(1) defines arbitration as:

    [A] process whereby a neutral third person or panel, called an arbitrator or arbitration panel, considers the facts and arguments presented by the parties and renders a decision which may be binding or nonbinding as provided in this chapter.

    Many times arbitration is the result of a contractual agreement in which the parties have previously agreed to arbitration. Arbitration is a streamlined legal procedure in which the parties present argument and evidence to an arbitrator. The arbitrator is a neutral third party who renders a decision after hearing the argument and evidence. The arbitrators decision may be binding or non-binding, depending upon the agreement of the parties.

 Advantages of Arbitration

• Less costly than trial
• Avoid crowded court dockets
• No undue delays
• Less stress than at trial
• Finality, if the decision is binding