MEDIATION

When involved in a dispute or disagreement with another person, mediation is among the promising options to resolve such issues amicably. During mediation, a neutral third party, the mediator, will help negotiate settlement terms among the parties involved. Mediation is a confidential process so parties can openly discuss their views and positions regarding the underlying dispute. Mediators often aid in parties reaching a creative solution which is mutually satisfactory. Mediation gives the parties a greater degree of control in the outcome of the dispute.

Florida Supreme Court Certified Circuit & County Court Mediator, Barbara Prasse-Anderson, Esq., is dedicated to offering parties a neutral, non-threatening forum to discuss the details of the disagreement and assist the parties in attempting to reach a mutually agreeable negotiated settlement.  

Barbara Prasse-Anderson, Esq. proudly mediates disputes across Tampa, Florida, and the surrounding areas, including Pasco and Pinellas Counties. She also serves all Florida Counties via videoconferencing.

What Is Mediation? 

Mediation is an alternative dispute resolution method that permits two or more parties involved in a disagreement or dispute to meet, identify and resolve the ongoing issues, and eventually reach a possible settlement. 

Furthermore, mediation can be used to resolve various civil matters, including personal injury, insurance claims, workers’ compensation, homeowners liability, product liability, and property damage. With the guidance of a neutral third party, the disputing parties can meet together to discuss and resolve pending issues and differences with the aim of reaching a settlement agreement. 

How Is Mediation Different From Arbitration? 

In mediation, a mediator will help negotiate a feasible resolution between the parties. They will only reach a resolution once all parties are satisfied with the terms of the negotiated settlement. Once the disputes are resolved and a fair settlement is achieved, there will not be any need for the disputing parties to go to trial. 

In contrast, arbitration requires the disputing parties to present their case to one or more arbitrators. Also, the disputing parties offer evidence and testimonies to support their claims. The arbitrators will review the available evidence and make the final decision. In some cases, Arbitration is binding, and the decision is final. Non-binding arbitration is not final, and the parties can typically proceed to court to have a judge decide the case.

How Does Mediation Work?  

Mediation aims to find the best method to get both parties talking, settle disagreements, and help them reach a feasible compromise. Here’s what to expect during a typical mediation: 

• The disputing parties will first meet together with the mediator. 

• The mediator will explain the mediation process to everyone present.

• The mediator will ask the participants to introduce themselves. 

• The mediator will allow the parties to make a brief opening statement to explain the nature of the dispute from their own point of view.

• The mediator will encourage the parties to remain civil and professional. Also, they must not interrupt the person talking. 

• A private session will be organized for each person to discuss privately with the mediator in a separate room. 

• The mediator will work between the parties to communicate offers, and counteroffers, and consider the other party’s position. 

• Throughout the mediation process, the mediator will help establish a rapport between the disputing parties and keep the conversations productive and focused.

• If the parties are able to reach a resolution, all agreed-upon terms will be reduced to writing.

Are Mediation Agreements Enforceable?  

Yes, mediation settlement agreements are enforceable in Florida.

The Benefits of Mediation 

Here are some of the benefits of mediation: 

• Mediation is more cost-efficient and faster than going to trial. 

• Mediation helps ensure that disputes are resolved amicably and fairly. 

• Mediation helps keep your affairs or matters private. 

• Mediation helps get the disputing parties talking and keeps the interactions positive. 

• Mediation helps preserve relationships and improve communication between the disputing parties. 

• Mediation affords the disputing parties control over the process and outcome. 

• Mediation helps mitigate potential conflicts and grudges.