The Firm Report Blog

MEDIATE? WHY SHOULD I?

February 9th, 2015

In answer to the question, “Why should I?” most of us have, at some time in our lives, been told, “Because I said so.”

And so it is with mediation …. usually.  Most mediations occur as the result of a court order.  And if you’re reading this blog, there’s a pretty good chance you’re in that situation.  But mediation also falls into the “It’s for your own good” category.  While there do not appear to be any official statistics, most sources consulted by this writer indicate a settlement rate in the range of 75% to 90%.  Those are pretty attractive odds for a party genuinely interested in settling.

So why does mediation work?  The answer is found in the definition.  Fla.Stat. §44.1011(2) defines mediation as “a process whereby a neutral third person called a mediator acts to encourage and facilitate the resolution of a dispute between two or more parties. It is an informal and non-adversarial process with the objective of helping the disputing parties reach a mutually acceptable and voluntary agreement. In mediation, decision-making authority rests with the parties.”  If you’re a party to a lawsuit, you have probably already figured out that neither you nor your lawyer is in control.  There are statutes. There are rules. There are cases.  But, most of all, there is a judge.  Mediation is the only stage in the litigation process when you get to decide the outcome.  And nobody can determine what’s best for you better than you can.

At Clark, Albaugh & Rentz, LLP, we are excited to announce that we now offer mediation services and can help you settle your lawsuit.  For more information about these services, please check out the Mediation section of our website, or contact Mitch Albaugh at malbaugh@winterparklawyers.com.

 

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