Mediation is an informal conflict-resolution process. Parties bring their disagreement before an independent, impartial mediator who works to find a solution that avoids the need for continued litigation. And, in South Florida, mediation is a required step in most lawsuits.
Mediation offers a valuable opportunity to find common ground and clear up misunderstandings between parties, oftentimes resolving disputes before further time and monetary expenditures are incurred by the parties. Typically, the format of a mediation begins with each party presenting their position to the mediator, who then works with the parties separately toward a resolution acceptable to both sides. It offers many unique advantages over continued litigation. Among them are:
- Mediation is confidential, so it gives an opportunity for the parties to discuss the case candidly without fear of whether what they say could be used against them in court later.
- The parties are in control of the outcome, as compared to a trial where a judge or jury dictates the result.
- Parties have flexibility. There is an oft-used example of two chefs fighting over an orange, only to later realize that one only needs the peel, and the other only needs the flesh. Trials are often winner-take-all, but mediation offers a chance to reach creative, win-win solutions to disputes.
- Mediation ends with a predictable result.
- Compared with the time and financial commitments necessary to see a case through trial, mediation can be much quicker and less expensive.
With his 20+ years of civil litigation experience, founding partner Joe Garrity brings his grit and knowledge to the firm’s mediation practice. He works diligently to help parties find creative, tailored solutions to often complicated issues in the areas of business; condominium; construction; franchising; intellectual property (patents, trademarks, copyrights); and more.
If you would like to schedule mediation or would like more information, please feel free to call.