The importance of using mediation as part of the litigation process has been acknowledged by the courts that have made mediation necessary in all legal matters filed with the courts. Whether or whether you have an attorney representing you, you will almost certainly find yourself in mediation. The mediator, serving as a neutral third party, encourages individuals to take control of their future and make decisions for themselves rather than relying on the Court.
Let The Law Office of John Vernon Moore, P.A. help you and those you are in conflict with work towards an understanding and resolving your differences without the expense and the risk of a trial through Mediation. John Vernon Moore is a Florida Supreme Court Certified Mediator so you are assured that you are working with a highly-trained mediator with years of experience to help resolve your dispute.
What is Mediation?
Mediation is a method of resolving legal disputes that uses an alternative dispute resolution (ADR) method. Two or more parties and their lawyers meet with a skilled mediator to hash out their issues and seek a mutually beneficial conclusion through mediation. The function of the mediator is to enable communication between the two parties and to assist in the development of innovative solutions that are in everyone’s best interests. The agreement is presented to a court for approval once it has been achieved.
What is a Mediator’s Role?
The mediator is unbiased and objective in his or her approach. The mediator’s neutrality refers to the fact that he or she does not favor one party over another. The mediator is considered neutral if he or she has no vested interest in the case’s result. The mediator does not have the authority to make decisions and cannot compel a party to agree to anything.
The major function of the mediator is to keep the mediation process safe. The mediation sessions are led by mediators who are impartial and balanced. Throughout the mediation process, mediators must foster mutual respect among mediation parties and urge mediation participants to act in a fair, non-coercive, and non-adversarial manner.
A mediator is not permitted to judge who is correct or incorrect or to advise you on how to resolve your disagreement. In mediation, you and the other party in the argument might try to come up with ideas that make sense to both of you to settle some or all of your problems.
While the purpose is to try to agree, you may decide that it would be better if you did not. When emotions are at the root of a disagreement, it can be difficult to communicate with the person or entity with whom you are at odds. A mediator can help you open up the lines of conversation. The mediator serves as a neutral third party who assists you in focusing on the resolution of your issue; nevertheless, the mediator is not permitted to provide therapy, counseling, or legal advice.
Different Types of Mediation
For our clients, John Vernon Moore has extensive expertise mediating a wide range of substantive areas of law.
- Family Mediation: Following a split, family mediation is a procedure in which an unbiased, professionally qualified mediator assists you in working out arrangements for your children and money. Mediation may also be beneficial when plans you’ve made in the past need to be changed, especially as your children become older. Mediation assists you in maintaining control. No one will force you to do something you don’t want to do.
The mediator will assist you in finding a solution that is beneficial to both of you and will explain what steps must be taken to make your agreement legally enforceable.
- Commercial Litigation: Commercial or business disputes are commonly handled through mediation because business people understand that resolving a matter rather than going through the cost and stress of a trial saves time and money.
- Real Estate Conflicts: A wide range of real estate problems can be resolved through mediation. Contract disputes, easements, boundary difficulties, leases, foreclosures, quiet title and division lawsuits, and tax deed sales are just a few examples. The Law Office of John Vernon Moore has considerable mediation expertise in several areas of real estate. We will be delighted to assist you in resolving any real estate disputes.
- Contract Issues: For our clients, The Law Office of John Vernon Moore, P.A has successfully mediated several contract disputes. Personal service agreements, building contracts, contracts for the acquisition and sale of a business, agreements between partners or shareholders in a corporation, and agreements addressing waivers of obligation are among the topics covered in these conflicts.
Mediation may help with a variety of other difficulties, including:
- Business Matters
- Estate Planning
- Child Support
- Role of parents
- Property division in a marriage
- Parentage and paternity
Although mediation is isn’t for everyone, it does provide a lot of benefits including:
- Increased better control of the result
- Traditional negotiation and litigation save time and money.
- Assisting in the future maintenance of a friendly relationship
- Allowing personal issues to remain private
When there are children involved, a mediated divorce is an excellent option since it avoids unpleasant bickering and allows parents to co-parent more easily. Additionally, because mediations are frequently finished swiftly, everyone involved, including children, experiences less stress.
Couples may go to mediation to work together to address their problems swiftly and peacefully. However, it’s fairly unusual for one or more concerns to create impasses that can’t be handled amicably. If mediation fails, the matter might be sent through the regular family court system. However, anything stated during the mediation is private and cannot be utilized in following typical court processes.
What if I don’t reach an agreement during mediation?
The courts, as well as state and local governments, as well as people and companies, engage in mediation. When a court orders mediation, it is referred to as “court-ordered mediation.” If you are directed to mediation by the court and are unable to resolve your disagreements, you will return to court, where the judge (or jury) will make that decision for you.
Contact our Florida Supreme Court Certified Mediator
The Law Office of John Vernon Moore, P.A.’s expert mediator has decades of combined experience assisting opposing parties in reaching a mutually acceptable arrangement. If you’re based in Florida, contact us today for further information.
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