Mediation is a way for people to resolve their disputes (whether during a lawsuit or prior to one) with the help of an impartial mediator in lieu of going to court and letting a judge or juror decide their case. It offers a safe and secure environment where you and the other party can negotiate and discuss your differences, eventually reaching an agreement that works for both of you.
Our Founder, Rory Weiner, is a Supreme Court Certified Circuit Court Mediator. He has been practicing law for over 20 years and is a Board-Certified Expert in Business Ligation. Prior to becoming a lawyer, Mr. Weiner received a Ph.D. in ethics from the University of Florida and taught ethics for almost 14 years. Mr. Weiner has participated in 100s of mediations and looks forward to helping you resolve your case.
The purpose of mediation is to find common ground where both parties can give and take to reach a resolution that is satisfactory to everyone.
Why Choose Mediation?
At times, mediation is court-ordered, while at other times, parties choose to mediate their dispute to avoid the expense and time involved with going to court. Our team is here to help guide you through the entire process, whether you seek a mediator for a court-ordered mediation or a voluntary one.
It is important to note that mediation is all about compromise – rarely does one party get everything they want. Instead, the purpose of mediation is to find common ground where both parties can give and take to reach a resolution that is satisfactory to everyone. The parties are free to express their interests, concerns, and needs with the help of a skilled mediator to facilitate communication.
We understand that not all disputes can be resolved through mediation, and parties can decide to end the mediation process at any time. You can never be forced to settle your disputes – the decision to settle is always voluntary. Our experienced mediator, Rory Weiner, is here to provide support and guidance throughout the mediation process, ensuring a fair and just outcome that both parties can agree on.
What is a Mediator?
A mediator is an impartial and neutral third party who assists parties in resolving disputes by facilitating productive communication and negotiation. The mediator’s role is to help the parties:
- Identify their interests, concerns, and needs
- Clarify miscommunications, and
- Explore possible solutions to reach a mutually acceptable agreement.
A mediator does not take sides or provide legal advice to either party but rather works to promote constructive dialogue and compromise. Their main goal is to help parties reach a mutually satisfactory resolution to their dispute, whether it is a legal matter, personal conflict, or business dispute.
Mediators can be appointed by a court, chosen by parties in a dispute, or recommended by attorneys. They can come from various backgrounds, such as law, psychology, or business, and can have specialized training or certification in mediation.
Working with a skilled and experienced mediator can help parties save time, money, and emotional stress associated with litigation or other dispute resolution methods. It can also result in more satisfactory outcomes that are tailored to the unique needs and interests of both parties.
What Happens During Mediation?
During mediation, parties in dispute meet with an impartial mediator who helps them work toward a mutually acceptable resolution. The mediator creates a safe and respectful environment where the parties can discuss the issues at hand, explore possible solutions, and negotiate until they reach a satisfactory agreement. Here is what typically happens during mediation:
Opening Statements: The mediator welcomes the parties in a conference room and sets the ground rules for the mediation. Each party may have an opportunity to present their perspective on the dispute.
Information Gathering: The mediator may ask questions to clarify the issues and help each party understand the other’s perspective. The mediator may also ask the parties to provide relevant documents or evidence to help in the decision-making process.
Problem Solving and Negotiation: The mediator helps the parties brainstorm potential solutions and facilitates productive negotiation. The parties may discuss various options for resolving the dispute, such as a compromise or other creative solutions.
Reaching an Agreement: If the parties reach an agreement, the mediator will draft a written agreement outlining the terms of the settlement. The parties may choose to sign the agreement on the spot or take some time to review it before signing.
Closing: The mediator concludes the mediation by thanking the parties and reminding them of the importance of adhering to the terms of the agreement. If an agreement is not reached, the mediator may provide feedback or offer suggestions for other dispute resolution methods.
Mediation is a confidential process, and all discussions that take place during mediation are private and cannot be used as evidence in court. The parties are in control of the outcome of the mediation and can choose to end the process at any time. Working with an experienced mediator can help parties navigate the mediation process and reach a resolution that is tailored to their unique needs and interests.
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