Mediation is a form of alternative dispute resolution (ADR) to address legal issues between two parties. Unlike traditional litigation, which uses a judge to come up with a resolution, mediation uses a neutral third party who does not issue a decision but facilitates dialogue and negotiation. The success of mediation often hinges on the mediator’s skill. As such, it is important to choose the right mediator to help guide these negotiations. Mediators are available for an array of legal disputes, including family law and business matters. Choosing one with experience in the area at issue can help to better ensure the process moves forward smoothly.
Four steps to help choose a mediator for your legal issue
Both parties must generally work together to choose a mediator. If the parties cannot come up with a mediator that they both agree to work with, a judge may choose a mediator certified by the Florida Supreme Court. Ideally, it is best to choose your own mediator.
To help better ensure the effective resolution of business disputes in Florida, consider the following criteria when choosing a mediator:
- Experience: It is helpful to look for mediators with a robust background in business law and experience with similar disputes.
- Certification and qualifications: Verify that the mediator is certified under Florida law. Check for any additional training or specialties relevant to business law.
- Evaluate potential mediators: After establishing criteria, evaluate potential mediators by reviewing their professional backgrounds and examining their educational qualifications and legal practice areas.
- Conduct interviews: Prepare questions that reveal the mediator’s approach and philosophy. Discuss previous cases to understand their strategy and success rate.
Selecting the right mediator is not only a practical decision but a legal strategy. The outcome of mediation can significantly impact the resolution of the dispute, including terms of any agreement, ongoing business relationships, and legal costs. Remember, the mediator’s ability to navigate complex legal and business issues can make a significant difference in achieving a practical and legally sound resolution.