“Mediation is a process whereby a neutral and impartial third person acts to encourage and facilitate the resolution of a dispute without prescribing what it should be. It is an informal and non-adversarial process intended to help disputing parties reach a mutually acceptable agreement.” Florida Rule for Certified and Court-Appointed Mediators 10.210. Mediation seeks to achieve a voluntary resolution to disputes that is crafted by the parties rather than dictated by a court.

No. The mediator must remain impartial and have no connection to your dispute. The mediator does not decide the outcome and cannot dictate any particular result. Instead, the mediator’s role is to facilitate communication, assist the parties in identifying issues and joint problem solving, and explore settlement alternatives for the parties to consider to resolve the dispute.

Yes. Mediation is confidential and private. Only parties and their attorneys can attend mediation. Nothing you say in mediation can be disclosed or used against you later on unless required or permitted by law.

No. The same rules apply to in-person and virtual mediation. Virtual mediation is conducted using video conferencing and is often easier to schedule. In person mediation is usually conducted at an attorney’s office. In both types of mediation, all the parties and their attorneys are usually convened in one room (or virtual room) for a short introductory joint session. Thereafter, the parties are split into separate rooms (or virtual rooms) so they may have private conversations with the mediator who then goes back and forth between the parties to explore settlement options.

No. You do not need an attorney for mediation, but having competent legal representation in a legal dispute is always advisable. If you want to pursue mediation without an attorney, the first step is reaching an agreement with the other party or parties in your dispute to engage in the mediation process and select a mediator all agree to use. At that point, schedule the mediation using the “Schedule Mediation” button at top right and we will provide an agreement to mediate for all parties to sign.

I approach mediation from a unique perspective. Like most mediators I am an attorney who has litigated all types of civil disputes. Unlike most mediators, however, I have spent many years starting and operating several types of businesses that from time to time became involved in legal disputes. Not only have I participated in litigation and mediation as an attorney, I have also participated in both as a party. I know from experience what it is like to de deposed, called as a witness at trial, negotiate in mediations, sit through a jury trial, carry the stress and uncertainty that goes along with litigation, and pay legal fees for months on end. Having seen litigation from various angles, I can provide parties with a unique perspective to help them best assess the risks and benefits of reaching a mediated settlement versus going to trial.

In general, my fee to conduct mediation is $175 per hour per party with a maximum of $575 per hour in the aggregate for all parties. Multiple persons or entities, represented by the same law firm, shall be considered a single party for these purposes. A single person or entity, represented by multiple attorneys, shall also be considered a single party for this purpose. These fees may be altered in special circumstances.

To schedule a mediation, click the “Schedule Mediation” button at top right. Select the appropriate option for in-person or virtual and half day or full day. Then select the date for your mediation and provide the requested information. We will contact you to confirm. If you have any questions, contact us by email at patrick@mccarthymediation.com or by phone at 850-259-9459.