Frequently asked questions.

No, you don’t have to bring an attorney. Many people choose to attend on their own, while others prefer to have a lawyer review the agreement afterward. It is entirely up to you. The process of mediation is designed to be comfortable for everyone in order to help them to find their voice — whether you’re represented or not – so they can achieve self-determination.

That’s okay. Even if you don’t settle every issue, mediation often helps narrow down the main disagreements and reduce tension. Outside rare exceptions, anything said during mediation stays private, confidential, and cannot be used in court later.

If both sides come to an understanding, your mediator will write up a Mediation Agreement. You’ll both have a chance to review it before signing. Once signed, it can be submitted to the court to become official and your case will be resolved.

Rates vary depending on the length and type of session. After-hours and weekend mediations are available at a flat or hourly rate. We’re happy to provide an exact quote before scheduling. Our standard fees are:

Mediator Hourly Rate: $275 joint pay / $140 per party when paying separately

Session Fee: $550 per 2 hour session.

If the cases does not resolve in the first session, the mediator’s time in between sessions is billed in 15 minute increments for

• phone calls, email, drafting, and

• other activities requested by the parties. 

Life doesn’t stop at 5 p.m. Evening and weekend mediations give families more flexibility, less stress, and a chance to talk when everyone can be fully present — not rushed. Many people find that after-hours sessions lead to better communication and quicker resolutions.

You can request an appointment anytime using our online scheduling form, or call/text (321) 363-4959. We’ll find a time that fits everyone’s schedule — weekday evenings or weekends included.

Yes. Outside of rare exceptions, everything said in mediation stays private. The goal is to give both sides a safe space to talk openly and work toward a peaceful resolution.

The three main examples of these circumstances are:

1. Child abuse;

2. Elder/vulnerable adult abuse; and

3. Anyone saying that they are committing or planning a crime.

The issues in your dispute are not decided by someone else.  Self-determination in meditations is of the utmost of importance. In mediation, you are the “decision maker.” The mediator helps you discuss your concerns but cannot make decisions for you.

Yes. The mediator is not giving you legal advice, making decisions for you, or even telling you what to or not do. The mediator’s primary job is to help you find your voice so you can make a self-determination about your life.

There are numerous advantages to mediations, including but not limited to the following:

Mediation provides an opportunity to talk with someone who is impartial. A Florida Supreme Court certified mediator is trained and held to rules to not show any bias, favoritism, or preference to either of the parties involved in the dispute under any circumstances.  In fact, the mediator is required to be 100% impartial. 

The issues in your dispute are not decided by someone else. Self-determination in meditations is of the utmost of importance. In mediation, you are the “decision maker.” The mediator helps you discuss your concerns but cannot make decisions for you.

What you say in mediation is confidential. Unlike trials and hearings, which are held in public courtrooms, mediations are private and, with a few exceptions, confidential. 

No. A signed mediated settlement agreement is not confidential unless the parties agree it will be confidential and the law allows the agreement to be confidential. Instead, the agreement may, and in some cases MUST, be put in a court file.

No.The mediator can help you overcome obstacles to communication with the other person or party in your dispute. Even if you have already tried to talk it out or negotiate with the other or party, a mediator can help you and the other party listen to each other and keep you focused. A mediator is there to help both sides communicate and explore possible solutions. If you and the other party get stuck, the mediator can sometimes help restart the conversation in a new way and help everyone take another step forward.

No. Mediation is an opportunity to gain a greater understanding about why the dispute arose. In mediation you are talking with each other, the mediator, and your attorney if you bring one. This interaction promotes a better understanding of the actions that lead to the conflict. Sometimes when the parties understand the “why” of the other person’s actions, it helps create a desire to resolve the dispute.

Mediation agreements are enforceable.  If you reach an agreement in mediation, that agreement must be put into writing and signed by the parties.  The written agreement becomes a legally binding document (contract) and then is enforceable by the court.

Yes and no. The great thing about a mediated agreement is that it allows you and the other person or party to reach flexible solutions to your dispute. Mediation provides you with an opportunity to be creative with your solutions. If both sides agree, you can reach a settlement agreement specific to your individual needs. 

Mediation is much different from litigation and a trial where the judge or jury makes a final decision. Sometimes, no matter how meritorious your “side” is, you still might lose because that is how the law operates, or sadly, the law is not flexible enough to let both sides win.

With mediation, both sides can “win”—this is called a “win-win” situation.

Mediation is not litigation, trial, or an arbitration. In a trial, the parties present evidence and argument so a judge or jury decides the outcome of the dispute. Likewise, in arbitration, the parties present evidence and arguments so an arbitrator or panel of arbitrators decides the outcome of a dispute. In mediation, the mediator assists the parties as they talk about their dispute to help them find and explore mutually acceptable resolutions of their dispute. If you reach an agreement at mediation, you may not have to go to trial or arbitration.

Mediation can save time and costs. Since mediation is a discussion between the parties, it can be much quicker than the formal trial process. Thus, it may also cost less than going to court in both dollars and stress.

You know what you have agreed to in mediation instead of risking what a judge may decide if you go to court.  If you resolve the dispute in mediation, you are not risking what the judge might decide.  In a trial, the final decision will be made by the judge or the jury (if there is a jury).  It is uncertain what decision will be made at trial, but you will be bound by that decision whether you agree with or like the outcome of the trial.  At mediation, the parties make the decisions and you have an opportunity to make creative solutions that a judge cannot explore to solve your problems.

Before you attend a mediation, there are a few things you can do to help prepare yourself and to help make the mediation more beneficial to you:

• Seek legal advice.  Because a mediator cannot give any legal advice to any parties, if you are not currently represented by an attorney but you have legal questions about your case (including what your case may be worth or what to accept as a “good” settlement), you should contact an attorney before the mediation, so you may make an informed decision about settling your case.

• Get organized. Go over all of the information that you have and organize it. It may be helpful to list events in the order in which they occurred. Gather any documents about your issue and put them in a folder to bring with you to the mediation. If you have an attorney, talk to your attorney about your case and mediation. Your attorney may be able to provide you with even more information on what to do during the mediation.

• Come prepared. Be prepared to talk to the other party in the dispute. Even if you have had problems talking to the other party on your own, the mediator is there to help with communication. Security can also be called if needed. Be aware of the security regulations in the building where your mediation is to take place at.

• Understand the dispute.  Get the issues straight in your head. If it helps, write the issues down. Think about which issues are the most important to you as well as which are least important. This process of prioritizing will greatly assist you in situations involving compromise. In addition, shift your perspective to the other person or party, and think about what may be most and least important to them.

• Set goals. Think about what you really need to resolve the case or dispute. Set realistic goals to guide you in your decision making, but be flexible, because you may get new information at the mediation that could change your mind.

• Arrive on time. It is important that you are not late for your mediation. There are things you should consider in order to be on time—one item is parking.  At many buildings, it is difficult to park. Find out in advance about what parking is available and the cost. You may have to pay fees prior to appearing at the mediation or in court. Allow yourself enough time to pay your fees.

Mediation is used by the courts; additionally there are state and local agencies as well as individuals and corporations which use mediation. When it is used by the court, it is called a “court-ordered mediation.” If you are court ordered to mediation and you are unable to settle your differences, you will go back to court and the judge (or jury) will make a decision for you. 

You do not have to have an attorney at mediation. However, it may be helpful to consult an attorney prior to going to mediation or to have an attorney with you.

Non-parties (examples are: friends, relatives, advisers, etc.) may attend the mediation ONLY if all parties agree. If all parties do not agree, non-parties may not attend the mediation. Therefore, it is best to ask the mediator about bringing someone with you before you go to the mediation. Anyone who attends a mediation is bound by confidentiality.

Generally, the rule is that people who attend a mediation may only discuss what is said in a mediation with others who attend the mediation or their attorney.

At mediation you can resolve all of your issues, some of your issues, or none of your issues. If a full or partial agreement is reached, all resolved issues must be written down and all parties in the dispute and their attorneys (if appearing at the mediation) must sign. If there is only a partial agreement, that means there are still issues to be resolved by the court. Those issues will be addressed in a trial unless they are settled after the mediation, but before the trial begins.

If you do not reach an agreement at your court-ordered mediation, the mediator must report to the court the fact that no agreement was reached. The confidentiality rules still apply.  Even if you do not reach an agreement during the mediation, you may continue to try to settle your case after mediation. If you settle your case after mediation but before trial, contact the court to ask what procedures you need to follow. 

The length of a mediation will depend on many factors. Mediation may range from a half hour to a day or several days, depending on the complexity of the case or the number of parties in the dispute.

PLEASE NOTE: These definitions are provided to assist the reader in understanding the terms regularly used in mediation. They are not “legal” definitions; rather, the terms are explained in plain English to attempt to ensure the greatest level of understanding.

Caucus: A private meeting at a mediation between the mediator and one side. Outside of rare exceptions, information obtained during caucus may not be revealed by the mediator to any other mediation participant without the consent of the disclosing party. 

Impasse: When the parties in the mediation reach a point where they cannot agree on a resolution. This stalemate or deadlock can happen at any point of the process, from after the mediator's opening statement to the final stages of the mediation.

Confidentiality: Keeping any discussions and information private. With only a few exceptions, mediations are confidential. Unless one of the exceptions applies, you may only discuss what happened or was said at mediation with your attorney, another person who attended the mediation, or that person’s attorney. A certified mediator is bound to confidentiality throughout the process of the mediation and even after it concludes.

Impartiality: Not showing any favoritism or prejudice. A mediator must remain impartial at all times and must not show a preference for one party or another to maintain a fair and balanced process. A Florida Supreme Court certified mediator must avoid appearing biased, accepting/giving gifts (which includes a favor, loan, or anything of value), and solicitation.

Self-determination: This refers to someone's power to make their own choices and decisions without coercion or outside pressures. It is both the ability of a person to control their own life and specifically in mediation, for someone make a free and informed choice to agree or not to agree. The role of the mediator to facilitate and assist, not to compel or interfere in any way in either of the parties' self-determination. 

Defendant/Respondent: The person being sued. Depending on which court you are in, these terms may differ.

Judgment: A final order entered by a judge at the end of a lawsuit.  Frequently, a judgment will determine the amount of money owed by one person to another, but a judgment may also include other items. A judgment is usually not confidential and may be obtained from the court records. A judgment is enforceable by the court.

Plaintiff/Petitioner/Claimant: The person who is suing. Depending on which court you are in, these terms may differ.

Pro Se: A person who does not have a lawyer and is representing themselves.