Mediation FAQs
What is mediation?
Mediation is an informal and voluntary process where a neutral mediator works to help facilitate communication between the parties, align interests and foster agreements. The parties must each agree to all decisions made in mediation. While you should expect to hear opposing positions and to be asked questions to clarify your interests, the parties have the ultimate decision-making authority.
What is the mediator’s role?
The mediator’s job is to help the parties identify issues and common interests, facilitate communication between the parties and empower the parties make their own decisions. It is the responsibility of the mediator to keep the process balanced and to encourage self-determination.
What do you need to do prior to mediation?
It is important to be prepared for the mediation session, by having access to information related to the case to facilitate settlement. It is also important to arrive to mediation open minded and willing to listen to the opposing prospective. While not required prior to mediation, it is helpful if all applicable discovery is exchanged prior to the mediation session. Mediation participants may provide a summary of their case to the Court Mediation and Arbitration Program prior to their mediation session, which will be given to the assigned mediator. Also please feel free to alert the Court Mediation Program in advance of the mediation if you any safety concerns.
What not to expect in mediation?
The mediator cannot make decisions on behalf of the parties or advise the parties in any way. Mediations are informal settings separate from the court process where a judge would make the ultimate decision. While it may be helpful to provide the mediator with relevant information, the mediator will not decide if someone is right or wrong. Mediations should not be used as fact finding sessions. While the good faith exchange of information contributes to a successful mediation session, mediation participants should not expect to prove any facts in mediation.
Where are mediations conducted?
Mediations are conducted in accordance with the Order of Referral sent by the Judge. Some mediations are conducted in person and some mediations are conducted through video conferencing. Please note that parties may request an in person mediation if all parties agree. CMAP staff will also facilitate hybrid mediations if a mediation participant needs to be assisted with video conferencing from our office.
Do you need an attorney for mediation?
It is not required to have legal counsel to participate in the mediation if you are listed as an individual in the filed court case. Parties under an LLC require legal counsel. Pro se litigants can obtain an attorney at any point in the court process or proceed without one. If you wish to bring an attorney to mediation, the attorney must be your attorney of record for the case and a registered Florida Bar attorney.
Can we mediate if there is an injunction in place?
Yes. While we cannot mediate the issue of the injunction itself, we can mediate many related issues. It is the policy of CMAP that participants will remain separate for the entirety of the mediation if there is an active injunction even if the mediation is conducted on Zoom. This means that the parties will mediate in sperate sessions for the entirety of the mediation. Please feel free to contact our department in advance of the mediation to let us know about any active protective orders/injunctions.
Can we mediate in any language other than English?
The mediator is only permitted to mediate in English. If an agreement is reached, it will also be written in English. If the mediation participants do not speak English or are uncomfortable with their English fluency, they must bring an interpreter with them to the mediation session. Certified interpreters are encouraged, but not required. Information regarding ADA accommodations can be found at the bottom of the Order of Referral to Mediation. It is essential to the mediation process that all participants can fully understand all topics being discussed and any agreement reached.
Can a mediation agreement be changed after the mediation session has ended?
Once the mediation session has ended and the written agreement has been signed by all parties, the mediator can no longer make any changes to the agreement. The agreement is filed and sent to the Judge for approval/adoption. After the agreement has been submitted to the court, any desired changes or requests for enforcement of the agreement must be addressed with the Court.
What happens if we do not agree at mediation?
The parties are not required to enter into an agreement at mediation. Partial and temporary agreements are also an option when applicable. If the parties do not agree or reach an agreement, the Court will continue to address any unresolved issues.
