Mediation is the art of dispute resolution.
The mediation process is one where parties misaligned in a dispute meet with a neutral and impartial third party who acts to encourage and facilitate a resolution of the dispute, without prescribing what that resolution should be.
What would it look like if people who were in or on the verge of a dispute, instead of calling an attorney, called a mediator?
Of course, there are cases which are too complicated for the parties to take to mediation short of attorney involvement, and those cases will proceed to mediation at the right time.
But what about the disputes that are perfectly transparent without the need for professional, formal, or forensic examination, and just cry out for somebody to just sit down and try to work things out?
Florida Rules for Certified and Court Appointed Mediators require the mediator, when he believes a party does not understand or appreciate how an agreement may adversely affect legal rights and obligation, to advise the party of the right to seek independent legal counsel. So, when the matter is too complicated for the parties to understand what they are negotiating, the worst that will happen is that the mediator will say: “you probably need an attorney to help you appreciate the give and take in this matter.”
When the facts and law are transparent, the mediation process will afford communication, negotiation, facilitation, and problem solving that emphasizes:
The needs and interests of the parties;
Procedural flexibility; and
The mediator, consistent with the Florida standards of impartiality and preserving party self-determination, may provide information that the mediator is qualified by training or experience to provide. There is the reason Ellis Resolutions and Steve Ellis should be your mediator. With 40 years of litigation, planning, and dispute resolution experience, maybe Steve Ellis can help you avoid the cost, sacrifice and burden of formal litigation.
How many times could matters have been resolved creatively, confidentially, and informally, if the parties had only thought to seek out a mediator instead of opposing attorneys?
When you are ready, please contact Ellis Resolutions at 941-366-7200 or firstname.lastname@example.org.