QUESTIONS and ANSWERS
Below are common questions that people have been scheduled for a mediation. If you have a specific question not answered below, please feel free to send me an email, and I will do my best to answer it. I do not give legal advice.
What is Mediation
Mediation is a platform in which parties who are having a dispute work with a neutral 3rd party (i.e.,a mediator) who does not have a personal or business relationship with any of the parties involved
in the dispute.
It's a voluntary process where the parties are the “decision makers”
There are rules of confidentiality that must be followed, and either party can end the mediation at any time. Both parties do not have to be in agreement to end the mediation. Additionally, if the mediator believes it is in the best interest to end the mediation, they can end it as well.
What is a Mediator
The Mediator is a neutral and impartial guide to help you come up with possible solutions, stay on track, and clarify areas of agreement and disagreement. The mediator may help you and the other party see the conflict from each other's point of view.
A mediator is not permitted to offer any legal advice, nor any opinion as to the outcome.
.A mediator is not there to provide therapy, counseling, business, or legal advice.
.There are ethical standards for mediators adopted by the Florida Supreme Court.
Is it confidential?
Mediations are private and, with a few exceptions, confidential. When your mediation is court-ordered or conducted by a certified mediator, there are laws and rules which require confidentiality. (See the Mediation Confidentiality and Privilege Act, sections 44.401 – 44.406, Florida Statutes).
The goal for maintaining confidentiality is to allow you, and your lawyer, if any, talk about legal and non-legal issues without fear of others repeating it to anyone (including the judge).
Who can attend or listen?
Only the named parties and their counsel are allowed to attend. If a 3rd party would like to attend the mediation, they must be approved by the other parties involved in the case. if you do not disclose that someone other than the named parties (and lawyer) is present, the mediator has the right to end the mediation.
You cannot call anyone during the mediation without the express consent of the other party. Recording a mediation conference is strictly prohibited.
For More Comprehensive Answers
https://www.flcourts.gov/Resources-Services/Alternative-Dispute-Resolution
Parenting Plans
https://jud12.flcourts.org/About/Divisions/Family/Pro-Se-Forms-Instructions/Parenting-Plans