Frequently Asked Questions

Practical information and common inquiries regarding the mediation and arbitration process in Florida.

What makes your mediations effective?

Two factors drive effective mediation outcomes:

  • Structured pre-mediation preparation
  • Strategic management of impasse
  • This approach allows parties to identify obstacles early and maintain momentum throughout the negotiation process.

Before mediation, Christina Magee works directly with participants to clarify the core issues and identify barriers to resolution.

  • Identifying the essence of the dispute
  • Defining what each party believes is necessary to reach resolution
  • Isolating the current obstacles preventing agreement
  • Understanding each party’s strategy and expectations
  • This process ensures that mediation begins with focus, clarity, and realistic expectations.

Impasse is addressed through a structured evaluation of party movement and decision- making barriers.

In Florida civil mediations involving insurance disputes, employment matters, business conflicts, or consumer contract disputes, parties are often far apart at the beginning of negotiations. The process is designed to allow parties to explore the other side’s opposing position in the search for areas where common ground can be found. But far apart doesn’t mean that the distance between parties cannot be bridged. Understanding how to assist the parties in narrowing the distance and the benefits for doing so is among the key roles for the mediator. Realistically, however, if the parties are far apart at the start of the mediation, it may take time to develop momentum. Knowing this at the outset can ease concerns about why the process is taking more time than anticipated and allows the process to work.

Mediation is a process that is separate and distinct from arbitration.   In mediation, a neutral party (the mediator) works with the parties in the dispute to come to a voluntary, mutually acceptable resolution.  The mediator does not say who “wins” or which party is “right.”  No solution is imposed by the mediator.  The decision to resolve remains with the parties who self-determine whether to resolve and on what terms. Once the matter is resolved, a binding settlement agreement is typically entered into by the parties.

Arbitration is a process where the parties agree that a neutral party, the Arbitrator, will hear evidence that both sides present and make a determination based on facts and law as to which side’s position is correct.  Unlike many court cases, there is no jury.  The Arbitrator (or the panel of Arbitrators in some matters) alone decides credibility of witnesses and reliability of information presented at the hearing.  An Award is issued at the end of the process, which can be made enforceable as a judgment in court.  

 

Besides being able to analyze and understand the arguments each side brings to a dispute, a good mediator knows how to listen and hear what is said and what is not said. The good mediator remains optimistic that the parties are working hard and in good faith and that a mutually acceptable resolution is achievable.

Perhaps most importantly, a good mediator has comprehensive knowledge about the process and can guide the parties with confidence, providing the “safe hands” that allow the parties to address their respective issues without tipping into impasse.

High-emotion mediations are more difficult than other types of mediation.  Parties must be seen and heard, and a mediator ignores high emotions that a party expresses at the mediator’s peril. 

While these kinds of conversations can seem off-track and unduly diverting attention from the issues at hand in the dispute, the kernels of truth that exist at the bottom of these conversations often lead the way into viable options for resolution.  Understanding the role these emotions play is a key element of a successful mediation.

Parties, whether represented or self-represented, should expect an opportunity to present their side of the dispute, either to everyone in attendance at the mediation, or just to the mediator, depending on the mediation dynamics. It is useful for parties to think about what they want to achieve as an outcome: money, an apology, repair or replacement of an item, enforcement of a warranty, etc. Also helpful is taking the time to put yourself in the shoes of the other side. For example, what can the other side do to meet your goals in mediation, what are the obstacles that the other side may have and how might these be overcome? The mediator will visit periodically with each side throughout the process to present each side’s response to what the opposing side is proposing to resolve the dispute. The mediator may ask one side to complete a task such as determining certain facts or whether a proposed solution is feasible given existing constraints while the mediator meets with the other party. Finally, any participant should expect to be kept informed throughout the process of the mediation and encouraged to ask for more information if that is needed.

Generally, yes. The goal of mediation is resolution, which usually requires parties to change position from where they started the mediation. If that change of position could follow a party into a courtroom (assuming mediation failed), then parties would be unlikely to consider doing so and resolutions would be far harder to achieve. Florida has a Mediation Confidentiality and Privilege Act that sets out whether, when and how the general rules for confidentiality regarding what parties say and do in mediation, might not apply. Mediators have an ethical obligation to keep confidential what occurs in a mediation, except where disclosure is required or permitted under the law. For example, if a party to a mediation tells a mediator that after the mediation, he intends to rob the gas station on the corner, the mediator is required to break confidentiality and alert the authorities. Likewise, if a party reveals information about child abuse, confidentiality must be broken so that the child in danger can be assessed.

Ready to Resolve Your Dispute?

Schedule a mediation with Christina Magee or contact us with any questions about the process.

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