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Frequently Asked Questions For Mediation in Lakeland, Florida

  • What is Mediation?
    Mediation is a voluntary and informal process where the parties work with a neutral third party to try to reach a resolution to their dispute or claim.
  • What kind of cases can be mediated?
    Family law cases, including divorce, paternity, timesharing, child support, or modifications of judgments. Also, personal injury cases, contract disputes or real property cases can be mediated. There are many types of cases that can be mediated.
  • How does it work?
    Mediations are conducted virtually by Zoom. Therefore, you can be in the comfort of your home, but you should be in a private location. The mediator will assign break-out rooms in Zoom so you can speak privately with the mediator. You can also meet in a joint session with both of the parties if you choose. Oftentimes, private time with the mediator is the most useful in getting the case settled because an individual can speak freely with the mediator without any concern for upsetting the other party.
  • Will the mediator tell the other party what I say in the private room with the mediator?
    The mediator will only disclose what you and the mediator agree can be relayed to the other party. Mediation is a confidential process. Only if you reach a written agreement will a Judge learn the terms of the agreement after it is filed with the Court. A Judge will not be advised of information or statements made in order to reach the agreement. However, please understand that the mediator may be required to report certain information as required or permitted by law. Those situations typically involve allegations of abuse.
  • What is the biggest benefit to mediation?
    You are in control, not a Judge. You can craft an agreement that works best for you, your family or your situation, not what a Judge dictates.
  • Can the mediator give us legal advice?
    No. A mediator cannot give legal advice. If you need legal advice you should consult with an attorney. Even if the mediator is an attorney, legal advice cannot be given because the mediator acts as a neutral third party.
  • Do I need an attorney to go to mediation?
    No, you do not. In some situations, people just need the assistance of a trained mediator in order to resolve their case. However, you can hire an attorney to attend mediation with you before a case is filed with the Court or after a case is filed. All family law and civil cases are required to go to mediation after a case is filed with the Court.
  • How much does mediation cost?
    The cost depends upon the length of the mediation, which includes the preparation of an agreement that will be sent to the parties to sign electronically. A half day mediation, (4 hours) with two (2) parties will cost each party $600. A full day mediation, (8 hours) which includes a 30 minute lunch (that is not charged) will cost each party $1200. Other time blocks can be discussed during the case review with the mediator if needed.
  • Can we come back to mediation if we run out of time?
    Yes! We can continue the mediation to another time and continue to work on a settlement. This is a lot more cost effective than fighting it out in Court.
  • What if we reach an agreement?
    An agreement will be typed and sent to the parties electronically by email to sign. Once the agreement is signed, it may be filed with the Court.
  • What if we can only agree on some things?
    The parties can choose to settle some issues and not others. The other issues not agreed to can be reserved for the Court’s determination. The parties also may decide to return to mediation later to work on the issues they did not agree to initially.
  • What if we don’t reach an agreement?
    If you don’t reach an agreement, you may proceed with filing the case in Court. If the matter is pending in Court, you will proceed with the litigation and likely set a trial date for the Judge to decide your case.
  • Why should we try mediation before filing anything in Court?
    The biggest advantage is to save money. Many cases can be mediated pre-suit before anything is filed with the Court and the parties are able to reach an agreement. There is typically a very high success rate with mediation.
  • Can we talk to the mediator before mediation about the process?
    At Settle With Mediation™ we offer a free 15 minute case review to discuss whether mediation will work for your situation. Just call or text us.
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