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Pre-Litigation Mediation: Before You Sue

Increasingly, business people, and divorcing couples are utilizing mediation as a way of resolving disputes, and their attorneys are suggesting that they try mediation before they incur the time, expense, distraction or heartache involved in the litigation process. Mediation, or if you prefer, negotiations facilitated by a neutral third party, is now a mandatory part of the court process in Family and Small claims Court  in Florida .

It’s something everyone has to do if they become involved in a law suit. So why not do it now?! Why not take control of your dispute, and your future, and suggest to your attorney or client, or the other party in your case which may be your soon to be ex or former ex  to involve a mediator early in the dispute in order to manage it and help create an orderly way to resolve it?!

The use of pre-litigation mediation by individuals has become more common especially in Family mediation it is gaining popularity for divorce settlements and other civil problems (such as neighbor-against-neighbor disputes).On an individual basis the confidentiality of mediation allows for a positive, more creative, less time consuming, and mutually agreed upon resolution.

The mediator has no power to impose an outcome on disputing parties. Mediation in any form is not binding on any party unless all parties agree to a specific settlement. One’s right to a trial by court is not waived by agreeing to mediate. Either party may end the mediation process at any time. If any of the parties enter into mediation without a reasonable expectation of settlement, the cost of a pre-litigation mediation could include the time spent preparing and attending the mediation, any cost associated with the mediation (e.g., mediators’ fees, lawyers’ fees, opportunity cost), and in the end the case would simply go to the courts anyway. If mediation is to be successful, the parties must come together with an understanding of the problems each side faces. Shane points out that if parties do cooperate, “a plethora of ideas can exist to find a resolution [and] a mediation settlement is almost guaranteed

The mediator has no power to impose an outcome on disputing parties. Mediation in any form is not binding on any party unless all parties agree to a specific settlement. One’s right to a trial by court is not waived by agreeing to mediate. Either party may end the mediation process at any time. If any of the parties enter into mediation without a reasonable expectation of settlement, the cost of a pre-litigation mediation could include the time spent preparing and attending the mediation, any cost associated with the mediation (e.g., mediators’ fees, lawyers’ fees, opportunity cost), and in the end the case would simply go to the courts anyway. If mediation is to be successful, the parties must come together with an understanding of the problems each side faces.

Benefits

Pre-litigation mediation has two very important benefits, economic cost reductions and confidentiality. From an economic standpoint, mediation, if conducted prior to filing a formal lawsuit, is a cost-effective form of dispute resolution. Pre-litigation mediation reduces direct costs and indirect costs, saves time, and more than likely helps retain relationships. With regards to confidentiality, as discussed earlier, pre-litigation mediation offers opportunities to utilize a third party mediator’s skills to come to a binding agreement. Confidential information and private situations can be shared and discussed during the process without fear of public disclosure or scrutiny. If pre-litigation mediation fails to bring about an agreement, the mediation process can lead to a case being settled independently before a formal filing. If the case is filed with the courts, the confidentiality of the mediator and the mediation process, having been affirmed by the courts, disallows any discussion of matters discovered during the mediation.

Mediation has grown as a method of choice to resolve disputes. The growth in mediation is especially evident in matters that can be resolved before a lawsuit is filed, including employment ADR, business-to-business agreements, and many other civil disagreements. Governmental authorities have recognized the benefits of pre-litigation mediation.

Drawback of In Pro SE Self-Representation

Self-representation for the in pro se litigant in the family court can be an overwhelming undertaking, especially when the in pro se litigant is faced with a contested case and/or complex family law issues. While some litigants are savvy about preparing their own legal documents and comfortable representing themselves in court, the majority are not. Taking on the responsibilities associated with self-representation in the family court for the average person will be an overwhelming and challenging task. Additionally, the family court has often complained that self-representation leads to family courts clogged with faulty paperwork and confused litigants, increasing the time, effort and resources required to finish even the simplest family law case. Many people think that they can go to the court house and buy the packets which they can or down load the forms form the courts web sits  and file the forms themselves only to find that the packet are very difficult to navigate and the clerk of Court is not allowed to help them . Beleive it or not filing the correct forms and having them completed correctly is one of the most important parts of the process.

.Full Services Mediation Companies:

When a party is pro se they represent themselves. A lawyer is not involved as an advocate in this type of case. It is no secret that legal fees can be and sometimes are sky high. Many people are opting for the pro se route, going to court without a lawyer, filing their own pleadings, speaking for themselves. In some counties of Florida approximately 60% of divorce cases contain at least one unrepresented party. There is a growing market for pro se divorces or ‘do it yourself’ divorce.  Pro Se Divorce Mediation has evolved as a popular alternative in the vast array of lawyer less divorce methods. Certified Supreme Court Mediators can prepare the forms which must be filed with the clerk of court in conjunction with a divorce, including a marital settlement agreement and Parenting plan  . They do not act as an advocate for either side and do not give either side legal advice even if the mediator is an attorney.

A trained and experienced mediator can help you turn an ugly dispute into a problem solving discussion or turn a bitter battle over money into a civilized and cost effective negotiation. We are ready to help you with that process. Contact us today at 727-992-3039.

What if I want attorney assistance but don't want or need full representation?
There are alternatives to full representation. These provide attorney assistance in navigating the family court without the high cost of full representation. Some low cost alternatives to full representation that provide attorney assistance to help the unrepresented or In Pro Per litigant are as follows: 

• Document Preparation Services - help with preparing court documents at your direction by
a  attorney document preparation service
• Limited Scope Representation - Attorney contracts with client to represent him/her in court
for a very specific hearing for a flat fee
• Attorney-Assisted Method- a unique method for divorce, annulment and paternity actions for a
flat fee .