What is mediation?
How does the mediator assist the parties?
What are some of the advantages of mediation?
How long does it take?
Can I Join DRS?
What if I do not like the mediator’s decision?
What if the mediator tells the court that it was my fault that the dispute was not settled?
What qualifications do DRS mediators have?
How is payment handled?
Do I need a lawyer?
How can I get more information about DRS or one of its mediators?
What is mediation?
Mediation is a process in which a neutral third party, the mediator, assists the parties to a dispute to reach a mutually acceptable resolution.
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How does the mediator assist the parties?
No two mediations are exactly alike because no two disputes are exactly alike. However, among the things that a mediator may do to facilitate settlement is make certain each party is clear on what the dispute is really about and that each party understands (not necessarily agrees with) the position of the other parties.
A mediator may help to formulate alternatives and help a party clarify how those alternatives fit in with that party’s goals and how they might work. A mediator also serves as a conduit for information between the parties, especially where the parties have difficulty communicating directly with one another. Note that a mediator is not an advocate for any party. DRS mediators are trained to remain completely impartial.
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What are some of the advantages of mediation?
Mediation can be much less expensive than litigation which generally requires payment of filing fees, fees for service of documents, court reporters’ fees and, of course, attorney’s fees. Additionally, in mediation there is no resolution unless and until there is an agreement that you accept.
While this does not guarantee a settlement you will like, it does mean that you are free to leave mediation without a settlement if that is your choice.
In litigation, either a judge you do not know or a group of jurors you do not know will decide for you how your dispute will be resolved. Thus, mediation offers you greater control over the outcome. Further, studies have shown that, not surprisingly, parties are much more likely to actually obey the terms of an agreement they entered than they are to obey a resolution that was forced upon them.
This can help bring a sense of closure that allows you to put the dispute behind you and move on with your business and your life. Back To Questions
How long does it take?
Some mediations are over in just a few minutes. Others, particularly in very large or complex disputes, may require multiple sessions spread over weeks or even months.
It is the policy of DRS never to prolong a mediation where there appears to be no reasonable likelihood of settlement, but to continue to explore all such opportunities as long as they exist. Please note that if there are reasons why you cannot continue a mediation session that might last a few hours, because of a disability or for any other reason, you should let DRS know about this as soon as possible, including before the mediation is scheduled.
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Can I Join DRS?
DRS employs only mediators certified by the Supreme Court of Florida. If you are a certified mediator or other dispute resolution professional committed to the highest standards of ethics and service to parties, then please send your resume to:
Dispute Resolution Services, Inc.
Attention: Recruiting Coordinator
2040 Polk Street
Hollywood, Florida 33020
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What if I do not like the mediator’s decision?
DRS mediators are not judges. DRS mediators do not make decisions for the parties. No DRS mediator can or will attempt to force you to accept a settlement. If the parties to a mediation cannot agree on a settlement of any issues, the mediator will, after exploring all reasonable avenues of reaching an agreement, simply declare an impasse. If the mediation is court-ordered, the mediator will report to the court only that the parties were not able to settle.
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What if the mediator tells the court that it was my fault that the dispute was not settled?
Mediation is confidential. If you appear at the correct time and place for your mediation and with authority to settle the case, but then do not settle, the DRS mediator’s report to the court will state only that you appeared, but that the parties were not able to reach any agreement. The DRS mediator will not attempt to place blame or otherwise reveal the communications that occurred during the mediation — these matters are confidential and DRS’s policy is to strictly observe all confidences placed in DRS and its mediators.
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What qualifications do DRS mediators have?
All DRS mediators are certified by the Supreme Court of the State of Florida. The agency which directly regulates certified mediators in Florida is the Dispute Resolution Center in Tallahassee. DRS mediators may be from any of the professions which are eligible for certification including attorneys, accountants, social workers, counselors, psychologists. Thus, the backgrounds of mediators are quite varied. The resume of each DRS mediator is available upon request.
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How is payment handled?
Payment for the two (2) hour minimum is due prior to the mediation session. If the mediation session exceeds two (2) hours, payment of the balance is due at the conclusion of the session. Cancellation on less than two (2) business days notice subjects the canceling party to a cancellation fee equal to that party’s share of the two (2) hour minimum or $50, whichever is greater.
Similarly, failure to appear within fifteen (15) minutes of the scheduled time at the designated place subjects the late party to a late fee of $20 if all parties are still there when the late party arrives and the mediation can be conducted. If the mediation cannot be conducted when the late party arrives, the late party is subject to a cancellation fee as set forth above.
The third or subsequent cancellation by a party is treated as a late cancellation and a cancellation fee shall be due. DRS reserves the right to waive any late fee or cancellation fee, as it deems appropriate in its discretion.
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Do I need a lawyer?
Generally you are not required to have a lawyer. (For corporations and other legal entities, this may not be true). If you are entering court-ordered mediation and you have a lawyer who has filed papers or attended hearings in the case, then that lawyer should check with the mediator, judge and/or the opposing attorney before deciding not to attend a mediation session.
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How can I get more information about DRS or one of its mediators?
Feel free to e-mail us at settlenow@bellsouth.net or call (954) 922-3388.
If you wish to reach us by mail, please send your inquiry to the following address:
Dispute Resolution Services, Inc.
2040 Polk Street
Hollywood, FL 33020
We would be happy to answer any of your questions or to hear what you think about our web site, DRS, mediation or another form of dispute resolution such as arbitration. Thank you for visiting our site.
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