Mediation FAQs
Common Questions Regarding Mediation
Most people have heard of mediation, however many have questions about what mediation entails. Mediation is a dispute resolution process where parties meet with an independent third party to try and reach an agreement. The third party, called the “mediator,” discusses the issues with both parties and strives to help all parties reach a compromise.
If you are going through a dispute in Ocala, Marion County or North Central Florida, a lawyer in Ocala at McGraw, Rauba & Mutarelli can help answer questions about mediation to help you decide if it would be beneficial to your situation.
What does mediation involve?
In mediation, the mediator has the goal of helping the parties reach a fair resolution. To accomplish this goal, the mediator tries to help the parties understand each other’s perspectives and viewpoints. The mediator discusses the strengths and weaknesses of various positions to work toward reaching an agreement. A mediator facilitates the bargaining process.
What are the benefits of mediation?
Mediation is typically less expensive and risky than proceeding to trial. Trials often include significant expenses and legal fees and the outcome is never a guarantee. In mediation, you can learn more about the other party’s position and what he/she is willing to offer. If an agreement is reached, both parties can forego the risk and expense of trial. The information and terms discussed in mediation are confidential, whereas information presented at trial may become public record.
What kinds of cases can be mediated?
Almost any kind of civil dispute can be mediated. This includes personal injury cases, business disputes, estate disagreements, family law issues and many other areas of law. An Ocala attorney can help you determine if your situation is eligible for mediation.
How long does mediation take?
Mediation will typically last until an agreement is reached or when there appears to be no chance of resolution. Mediation can range from hours to days, depending on the complexity of the situation and positions of the parties.
Is mediation always successful?
Not always. Mediation should usually only be considered if both parties believe a compromise may be reached. If the parties are firm in their respective positions on an issue, then mediation may not be needed.
Is mediation mandatory?
Usually no. Sometimes a court may require mediation, but if there is little possibility of an agreement being reached, then mediation is not necessary. If there is a possibility of resolution, the parties may agree to mediation to try to reach an agreement.
How can a lawyer help with a mediation?
Legal representation from Ocala lawyers during mediation will help you be more informed about the process and the offers presented. A lawyer will be able to assess the strengths and weaknesses of your case as well as the fairness of offers made during the mediation. Lawyers will have experience participating in mediation and can help you better understand what the process entails.
If you have a legal issue or dispute, contact an Ocala law firm to learn what options may be available in your case. Lawyers with McGraw, Rauba & Mutarelli can provide insight about whether mediation would be beneficial in your situation. Our experienced legal team has represented many clients in cases where mediation has been beneficial. Their attorneys can provide advice throughout the process to help you make an informed decision. They will make sure your interests are protected and that you receive a fair resolution to your case. Contact McGraw, Rauba & Mutarelli to learn more about mediation and any legal questions you may have.