Law Mediator Pembroke Pines
Legal Mediation in South Florida
Mediation is a way for individuals experiencing a dispute to discuss their issues and concerns. The method can help them make decisions with the help of another unbiased party. The legal mediator cannot decide who is right or wrong or tell the involved parties how to resolve their dispute.
Mediation helps parties attempt to find solutions that make sense to both parties in the dispute while resolving their concerns. Ultimately, the goal is to work things out. However, the involved parties may decide it’s better not to come to an agreement.
In many legal scenarios, emotions drive the dispute. This can make discussing issues related to the dispute quite difficult. A law mediator can assist the parties by easing the path to effective and productive communication.
The neutral third party will focus solely on solving the dispute, remaining prohibited from offering therapy, counseling, or legal advice.
Effective Legal Advice | Alternative Dispute Resolution
Individuals facing prospective litigation often wonder if their case is appropriate for legal mediation. A law mediator remains suitable for almost any type of case. However, the best cases are those that are unlikely to reach a settlement or other agreement on their own.
When parties and their attorneys can reach a settlement on their own, a legal mediator isn’t really necessary.
Conversely, with no possibility of effective resolution, parties may want to focus on preparing for a trial instead. This all depends on the unique attributes of a case. When going through mediation before litigation, this can, unfortunately, take away some element of surprise by disclosing some of the best trial arguments in advance.
Nonetheless, where settlement remains a remote possibility, legal mediation can bring parties together. Common types of lawsuits that end up in mediation include:
- Breach of Contract Disputes
- Child Custody
- Family Law Issues
- Injury and Tort Cases
- Wrongful Termination Claims
Cases that aren’t appropriate for mediation include:
- Bankruptcy
- Deportation and Immigration Concerns
- Disability Claims
- DUI and Criminal Charges
- Cases that don’t involve active disputes
Legal Mediation Process | What to Expect
The best legal mediator exhibits legal and mediation training and is familiar with the subject matter of a case. Parties will often seek a current or retire attorney with experience in litigation on similar disputes.
However, it is important to realize that an attorney doesn’t necessarily make the best mediator. Successful trial lawyers are often aggressive. The best legal mediator for a case can help legal representatives and their clients calm down while reaching a consensus.
Mediation itself is a relatively informal procedure. The parties and their attorneys will meet with the law mediator. This usually takes place in a conference room in the courthouse, or at the mediator’s office.
The attorneys for each side of the argument will make a short opening presentation. Then, the mediator can split up the two sides into separate areas.
Here, the mediator will meet with each side individually. The mediator will then offer their thoughts on the case; the parties can respond by sharing information with the mediator. This is done in confidence, with instructions to pass on specific information to the other side. By moving back and forth between the parties, they can hopefully reach a working compromise.
When parties agree in mediation, they must put this into writing, signing the document. This document then becomes a legally binding contract, enforceable by the court.
The mediation process offers the opportunity to get creative with solutions. When both sides agree, they can reach a settlement specific to unique, individual needs. The procedure is different from litigation, where a judge or jury makes the final decision.
Mediation enables both parties to “win” the situation, reaching a compromise somewhere in the middle.
Law Mediator Pembroke Pines | Law Office of Madelin Diaz, P.A.
If you find yourself involved in a lawsuit heading towards mediation, consultation with an attorney that has training in this area of law remains imperative. They can provide information and insight into specific concerns regarding a case.
Alternative dispute resolution, like legal mediation, is an essential tool for many disputes. A legal mediator’s job is to obtain the best possible outcome for all involved in the dispute with an unbiased approach.
The team from the Law Office of Madelin Diaz, P.A. works hard to help our clients find conflict resolution tactics that benefit their cases the best. Our law firm takes pride in assisting parties on both sides of litigation to reach effective, working resolutions for optimal outcomes.
- “The 2019 Florida Statutes – Statutes & Constitution :View ….” http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0055/Sections/0055.145.html. Accessed 14 Aug. 2020.
