Mediation is a confidential process facilitated by a neutral third party to enable the resolution of a dispute between two or more parties such as spouses or co-parents. Mediation may occur before or after a case has been filed with the Court. However, many jurisdictions require the parties to participate in mediation before a dispute is presented to the Court for resolution.
At the outset, any good mediator will introduce themselves, the process, and the rules which apply during the mediation. At the mediation, the mediator will serve almost as a referee with the goal of reaching a full and final mediated agreement. Should any mediated agreement not be reached, the mediator will declare what is still considered in some jurisdictions as an impasse.
A partial mediated agreement results when the parties or parents are successful in resolving some but not all of their disputes. Any full or partial mediation agreement resulting from a mediation must not only be signed by the parties, such as spouses or co-parents but also delivered to the tribunal for approval. Once approved, only then, may the agreement be more likely to be enforced.
Before submitting the facts of any dispute to the Court, one is strongly advised to consider mediation as a form of alternative dispute resolution. A verdict that is reached by the tribunal, may yield greater risk as the outcome may or may not be in one’s favor. Nevertheless, when submitting a dispute for resolution by the Court, one must be ready to accept the possibility of the outcome reached by nearly a perfect stranger.
Meditation does not require the hiring of an attorney. However, if attorneys are hired, they may offer legal advice whereas the mediator is not permitted and/or willing to do so. Having an attorney allows the parties or parents an opportunity to make more informed and intelligible decisions.
Should you simply desire to be better prepared for your mediation or wish to be aptly represented during a very delicate process, our experienced staff is committed to ensuring that your concerns are handled with precision and efficiency. Making informed decisions before and during the mediation process reduces the possibility of costly mistakes and affords a swift resolution to your legal dispute.
CURRENTLY, OUR MEDIATORS SERVE IN THE FOLLOWING AREAS:
CIVIL LAW MEDIATION
BREACH OF CONTRACT
EMPLOYMENT AND CONSUMER DISPUTES
REAL ESTATE - NON DISCLOSURE
FAMILY LAW MEDIATION
DISTRIBUTION OF MARITAL PROPERTY
HIGH NET WORTH DIVORCE
Collaborative law is a team-focused approach to the resolution of disputes through a mutually regulated process as opposed to handing your legal matter to a judge. All parties, better known as participants are represented by their collaborative attorney.
Neutral facilitators such as financial advisers and mental health professionals are also included with the ultimate goal of achieving a mutually satisfying resolution for all participants involved. Team meetings rather than a trial or hearings are scheduled with the goal of achieving more creative and out-of-the-box solutions.
During this process, the collaborative attorneys charged with representing their clients will attempt a more collective resolution. However, in the case that litigation is preferred the participants will be required to hire new attorneys to proceed to litigation or obtain a judge's decision.
Collaborative law is an ideal approach to an otherwise taxing, prolonged, expensive and otherwise adversarial legal process. This collaborative team-centered approach is far superior towards a transparent, efficient, effective and speedier resolution.
All these options may appear daunting, but our team is committed to ensuring that whichever process you deem appropriate for you, your experience goes as smoothly and as stress-free as possible for you.
TO SCHEDULE YOUR APPOINTMENT NOW, CALL US AT
407.606.6596 (CENTRAL FL), 954.466.7995 (FT. LAUDERDALE) OR 305.859.1562 (MIAMI).
IF YOU OR ANYONE YOU KNOW IS IN NEED OF LEGAL HELP OR FOR GENERAL QUESTIONS, CALL US AT 855.4.LEGAL.HELP (855.453.4254).
WE ARE HERE TO HELP!
MEDIATION & COLLABORATIVE LAW