whYanimPaSSeiSn ’ taloSS : theunSungBeneFitSoFmediationBeYondSettlement
Mediation & Arbitration Section Chairs : GeraldAlbrecht – AlbrechtMediationServices , AmberBoles — LawOfficeofAmberBoles & LaraTibbals — TibbalsMediation , LLC
Mediation , as it is commonly understood , is a form of alternative dispute resolution between two parties where a third-party professional assists the parties in attempting to negotiate a partial or global settlement . In fact , most Florida courts require parties involved in litigation to attempt mediation in good faith before they can even gain an audience with a judge on evidentiary issues .
While mediation is generally perceived in the legal community and public as a valuable tool to settle legal matters outside of court , there are other oft-overlooked benefits when a settlement is not reached ( commonly referred to as an impasse ) that can finetune your case , resulting in future settlement or success at trial . The process of mediation , even without reaching a full settlement , offers substantial benefits that extend beyond the immediate resolution of legal issues , including refining your understanding of the issues , analyzing each side ’ s strengths and weaknesses , illuminating future work that may need to be done , and exploring creative ideas of how the case might be settled in the future .
Enhanced Understanding of legal and Personal Positions
Mediation allows each party to articulate their concerns and interests in a structured setting . Through this dialogue , parties gain a better understanding of the legal framework governing their case , as mediated by a neutral third party with legal expertise . Further , mediation can also serve to educate an attorney on facts or perspectives not relayed to them by their own client that can change how an attorney might view the case . This educative aspect helps parties assess the strengths and weaknesses of their and the opposition ’ s positions realistically . Understanding these facets can be crucial for making informed decisions in future negotiations or if the case proceeds to trial .
Testing legal Arguments
Quite often , Mediation serves as the first meaningful opportunity for parties and their counsel to discuss
althoughnotnecessarilybydesign , the mediationprocessoffersmorethan justasettlementplatform .
the details of that particular case with each other and the opposition . Parties can use mediation sessions to present their legal arguments and observe the reactions of the opposing party and mediator . This feedback can be instrumental in refining legal strategies and arguments for trial .
Foundation for Future Negotiations
Even unsuccessful mediations can lay the groundwork for future agreements . Through mediation , parties start to understand each other ’ s priorities and constraints , which can facilitate more effective negotiations in subsequent sessions or in ongoing litigation . This iterative process often helps refine
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