Florida Mediation Forms - Florida Legal Mediation

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Mediation Forms FAQ Fl Legal Mediation

What is mediation? 

Mediation is a non-adversarial method of alternative dispute resolution (ADR) in which a neutral third party helps resolve a dispute. The mediator does not have the power to render a decision on the matter or order an outcome. If a satisfactory resolution cannot be reached, the parties can pursue a lawsuit.

Who decides a case in mediation? 

The mediator helps each person evaluate their needs and goals for reaching a solution. All decisions are made by the parties, not the mediator. A mediator may be selected by the parties based upon a recommendation by a friend, attorney, therapist, or another professional. Mediators are also listed in the yellow pages. Courts will often provide a list of mediators. In some situations, a list of approved mediators is provided to select from.

Most mediators receive formal classroom-style training. Some participate in apprenticeships or in mentoring programs. While training alone does not guarantee a competent mediator, most professional mediators have had some type of formal training. Important considerations in selecting a mediator include, among others, fee structure, his or her number of years of mediation, the number of mediations conducted, and types of mediations conducted.

When is mediation used? 

Mediation is often used to help a divorcing or divorced couple work out their differences concerning alimony, child support, custody, visitation and division of property. Some lawyers and mental health professionals employ mediation as part of their practice. Some states require mediation in custody and visitation disputes. Other states allow courts to order mediation and a few states have started using mediation to resolve financial issues as well.

The Federal Mediation and Conciliation Service (FMCS) has primary responsibility is to mediate collective bargaining negotiations, and to otherwise assist in the development of improved workplace relations. It does not handle unfair labor practices or elections under the National Labor Relations Act, nor does it interpret or enforce any statutes or regulations governing notice requirements or labor relations.


What is an Arbitration Agreement?

An arbitration agreement is a legal contract between two parties, usually included in a larger contract or agreement, where they agree to resolve any disputes or disagreements through arbitration instead of going to court. In Florida, an arbitration agreement is governed by state laws which outline the procedures and requirements for conducting arbitration. This means that if a dispute arises between the parties involved in an arbitration agreement in Florida, they are legally obliged to follow the arbitration process to find a resolution rather than taking the matter to court.


How Does Arbitration Work in Business?

Arbitration is a way to resolve business disputes without going to court. It involves a neutral third party, called an arbitrator, who listens to both sides of the dispute and makes a decision. In Florida, arbitration works similarly to other places. When a business agrees to use arbitration, they usually have a contract that includes an arbitration clause. This clause states that any disputes between the parties will be resolved through arbitration instead of going to court. If a dispute arises, each party presents their case to the arbitrator, who then considers the evidence and arguments before making a binding decision. The decision is usually final and cannot be appealed, providing a faster and less formal way to resolve business conflicts.


How Do Arbitration Agreements Work?

Arbitration agreements are like contracts between parties to resolve disputes outside of court. When two parties agree to arbitration, it means they have decided that any disagreements or conflicts will be settled by a neutral third party called an arbitrator. In Florida, arbitration agreements have legal standing and can be enforced. This means that if a dispute arises between two parties who have signed an arbitration agreement, they will be required to go through the arbitration process instead of taking the matter to court. The arbitrator will listen to both sides of the argument, review evidence, and make a final decision that is binding on the parties involved.


Is an Arbitration Agreement Right for You?

If you live in Florida and you are wondering if an arbitration agreement is a good choice for you, it's important to consider a few things. An arbitration agreement is a legal agreement that determines how disputes will be resolved outside of court. It can be helpful in certain situations, especially if you want a more efficient and private way to handle conflicts. However, it's important to remember that by agreeing to arbitration, you are giving up your right to take the dispute to court. So, if you prefer having a judge or jury decide the outcome, then an arbitration agreement may not be the right fit for you. It's important to carefully weigh the pros and cons and consider consulting with a legal professional to ensure you make the best decision based on your specific circumstances.


What Does this Agreement Mean for Signatories?

When signing an agreement, it means that the people or organizations involved are making a clear agreement or promise to each other. In Florida, this agreement holds a special significance since it involves the laws and regulations of the state. It means that the signatories are legally bound to fulfill their responsibilities and follow the rules set in the agreement. It helps ensure that everyone involved understands their obligations and can hold each other accountable if any issues arise. In simple terms, signing an agreement in Florida means that you are making a serious commitment and will be held responsible for your actions as outlined in the agreement.