Mediation is a popular type of alternative dispute resolution. This statement seems straightforward but probably has left you with more questions than answers. We are going to look at mediation in general while addressing the question, “Do I have to settle my lawsuit at mediation?”
Alternative Dispute Resolution
In its broadest sense, the term alternative dispute resolution “refers to any means of settling disputes outside of the courtroom.” The most common forms of alternative dispute resolution are:
- Negotiation,
- Mediation, and
- Arbitration.
The parties to a legal disagreement might be able to negotiate a successful resolution before resorting to litigation. If not, then mediation and arbitration could follow. For the purposes of this article, we will focus on mediation.
Mediation 101
With this form of alternative dispute resolution, the parties attend one or more sessions with a mediator. The parties schedule the session at a mutually convenient time, unlike jury trials that the court sets.
A mediator is an unbiased person who has successfully completed training to become a mediator.
Initially, the parties meet together with the mediator. Then the individual parties and their attorneys split into separate, private rooms.
The mediator moves between the parties, discussing the matters at issue and trying to find common ground. In this role, the mediator serves as a facilitator, not judge and jury. The mediator will not hand down any orders or force you to take any action.
It’s important to understand that this process is usually voluntary. In some cases, a judge might require the parties to participate in mediation with the hope that they can avoid going to trial. However, at no point are you forced to settle your lawsuit.
At the Conclusion of Your Mediation Session …
Some sessions end with everyone still at an impasse. If they have already filed lawsuits, the parties resume working the case and possibly heading for trial.
However, successful sessions end with the parties reaching an agreement on how to end their dispute. The parties might even sign a settlement agreement while at the mediation or agree to draft and sign one afterward.
Mediation is usually beneficial even if the parties don’t settle their lawsuit. Parties that were close to settlement might continue discussing an agreement even after the mediation session ends. An additional benefit the parties might experience is a renewal or resumption of a cordial business relationship.
Mediation Is a Great Tool for People Involved in Business Litigation
As mentioned above, though, participation in mediation is voluntary. You will not be forced to settle your case, but you and your attorney might negotiate a settlement that checks all the boxes.
Attorney Richard Sierra at the Florida Small Business Center assists clients like you with business and litigation matters. As always, Our Goal Is to Help You Succeed™. For an appointment, you may call us at 1-866-842-5202 or use the contact form on our website. We represent clients throughout the State of Florida, including Coral Springs, Coconut Creek, Boca Raton, Delray Beach, Pompano Beach, Sunrise, Fort Lauderdale, Miami, West Palm Beach, Jupiter, Deerfield Beach, Stuart, Port St. Lucie, Orlando, Naples, Fort Myers, Sarasota, Tampa, and surrounding communities.