If you are considering mediation but feel anxious about the process, you are not alone. Many people feel apprehensive about mediation, especially if they are unfamiliar with how it works. However, understanding what mediation is—and what it is not—can help ease your fears and make you feel more confident about taking part. Let us break down some key aspects of mediation that often help to alleviate concerns.

First and foremost, if it is law related, it must be_________ (fill in the blank) and here are a few words that come to mind (COMPLICATED, OVERBURDENSOME, INCOMPREHENSIBLE, EXPENSIVE, MIND NUMBING, ETC…) Well, when it comes to mediation, that is not the case.  Worst case scenario, the parties do not come to an agreement and there is an impasse.  The parties are no worse off than before the mediation and they may have learned a few more things during the mediation.  In fact, if you come out of a mediation with an impasse, ninety percent of the time, the problem is with the participants not the process. 

Mediation can address the issues between the parties, resulting in huge savings in time and money as well as the emotional investment that goes along with any lawsuit that culminates in a trial.

Mediation Is an Informal Process

One of the most significant differences between mediation and court proceedings is the level of formality. Unlike standing in front of a judge, where you are bound by strict rules of evidence and civil procedure, mediation is much more relaxed. The goal is not to win a legal battle but to find a mutually agreeable solution. This informal setting allows for a more open and honest conversation, where all parties can express their concerns and desires without the pressure of courtroom procedures.

Mediation Encourages Creative Solutions

In court, the outcome is often limited to what the law prescribes, which can be narrow and rigid. Mediation, on the other hand, offers far more latitude in reaching a solution. Because the process is not constrained by legal formalities, you have the opportunity to explore creative, personalized resolutions that a court might not be able to provide. This flexibility can lead to outcomes that better meet the needs and interests of all parties involved.

Mediation Is Confidential

Confidentiality is a cornerstone of the mediation process. What you say in mediation stays in mediation. Except for certain specific situations—such as instances of abuse or threats of violence—everything discussed remains confidential. This confidentiality provides a safe environment for you to express your concerns and negotiate freely, without fear that your words will be used against you later. Knowing that your discussions are private can help you feel more comfortable and open during the mediation.

You Have Control Over the Settlement

One of the most empowering aspects of mediation is the level of control you have over the outcome. Unlike a court ruling, where a judge makes the final decision, mediation allows you to have direct input into the negotiating and drafting of the agreement. This means you are an active participant in shaping the terms of your settlement, giving you more control over the final result. Having this influence can make the process feel less daunting and more collaborative.

Final Thoughts

Mediation is designed to be a less intimidating, more collaborative approach to resolving disputes. By understanding its informal nature, the potential for creative solutions, the confidentiality it offers, and the control you have over the outcome, you can enter the process with greater confidence. Remember, the ultimate goal of mediation is to reach a resolution that works for everyone involved, and the process is structured to support you in achieving that goal. If you have any further questions or concerns about mediation, do not hesitate to reach out—we are here to help.  The office phone number is (772)463-7737.  I am a Florida Supreme Court Certified Circuit Civil, Family, and Appellate Mediator.