Key characteristics of Mediation
- There is a dispute between two or more parties.
- The parties meet with a neutral mediator to discuss the dispute, looking for an outcome that all parties can accept. Often this focuses on the interests of the parties, not merely the position that a party is taking in the dispute.
- The mediator does not decide the case – only the parties have the power to come to an agreement that is facilitated by the mediator. This contrasts with arbitration, where the arbitrator acts like a judge, hearing the arguments and evidence of both sides and then making a decision about who wins and loses.
Statutory basis of Mediation in Florida
Mediation in Florida is governed by Florida Statutes Chapter 44 and by Florida Rules of Court, Sections 1.700 – 1.750.