Frequently Asked Questions

[back to FAQ]

How Does a Dispute Get to Mediation?

A dispute can get to mediation in several different ways. You and the other party to your dispute may agree to a mediation. Or your lawyer, if you have one, may suggest that you mediate your dispute in order to save time and money. Sometimes judges will order or suggest mediation. Or a contract may specify that any disputes under that contract must be mediated.

A dispute may be ripe for mediation while an existing lawsuit is pending; as the costs of preparing for litigation take their toll, financially and otherwise, parties may become more willing to mediate. Mediators often say that parties have nothing to lose in mediation; they can only gain. In other words, mediation may help you settle a lawsuit, and even if the mediation is unsuccessful, you will be no worse off for having tried. Even a failed mediation can provide insight into the other side's case, and you will know more about what will be required to settle your dispute. In addition, disputes generally provide few formal opportunities for non-adversarial dialogue. But mediation allows parties to communicate face-to-face, which can be extremely productive in terms of breaking an impasse or kick-starting negotiations.

Lastly, the state of Florida, among others, require mediation for certain types of cases. Courts cannot force parties to settle cases, but they can require parties to attend mediation with a court-appointed or private mediator.