One of the most established mediation providers, such as the American Arbitration Association (AAA) or JAMS, provides trained mediators. These organizations will be able to provide individuals with a list of mediators, a set of rules for mediation, and a date and location for the mediation hearing. Many courts have local regulations that encourage mediation, and many courts have mandatory mediation (conciliation conference) before judges specially trained to mediate disputes. These judges cannot act as trial judges if the mediation is unsuccessful. JAMS (neutral) mediators and arbitrators are able to manage the resolution process, whether it is an in-person or virtual hearing. If you reach an agreement in mediation, it must be in writing and signed by the parties. The written agreement becomes a legally binding document (contract) that is enforceable by the court. A mediator is not there to offer therapy, advice, business or legal advice. While mediation is a good place to recognize the emotions that can lead to the dispute, the mediator is there as a neutral to help you focus on resolving your dispute. The federal government also encourages internal mediation and arbitration. Federal organizations are encouraged to create their own alternative procedural dispute resolution programs for the handling of internal and external disputes. The Administrative Dispute Resolution Act 1996 provides for a mediation forum for the settlement of disputes within public authorities or between citizens and bodies (claims against the Government). PLEASE NOTE: These definitions are intended to assist the reader in understanding the terms used in this document.
These are not «legal» definitions; On the contrary, the terms are explained in plain English to ensure the highest possible degree of understanding. Mediation documents may contain photographs, statements from witnesses who will appear at the hearing, formal expert opinions or expert reports, etc. There is a summary of the issues and respective positions of the parties as well as factual/legal arguments showing the strengths and weaknesses of the opposing position(s). The mediator(s) will review the mediation documents to familiarize themselves with the issues and arguments and thus facilitate resolution. The exchange of information and the results of the mediation will be treated confidentially, either by express agreement or by law, so as not to interfere with the procedure if the mediation is not successful. The mediation required by law usually settles disputes on specific issues such as labour relations, family matters (such as custody disputes) or consumer issues. Many states also have mandatory mediation provisions for civil litigation, where the disputed amount falls within a specific range. In these circumstances, mediation becomes an integral part of the «pre-litigation procedure», which promotes the settlement of the dispute at a stage prior to the assumption of legal costs. The parties are free to agree on a mediator, but most want someone trained in this process with good experience in dispute resolution. Mediation is a difficult skill to achieve and the typical aggressive lawyer is often a poor mediator.
Most mediators have undergone years of special training. The cost of mediation depends on many factors. In some cases (e.g. small claims), the court provides mediators free of charge. In family cases, the amount received varies depending on whether the court program provides the mediator or whether the parties choose their own mediator. If the program provides the mediator, the amount calculated depends on the combined or joint income of the parties. [See subsection 44.108(2) of the Statutes of Florida]. Many counties offer free addiction brokerage services for parents. Check with your circuit`s mediation program to see if such services are available.
Parties who choose private mediators should expect to pay market prices. The standards of ethics for mediators require the mediator to provide a written explanation of fees and costs prior to mediation. The mediator may have minimum fees and expenses for travel time, postponements, cancellations or other expenses.