F. Shields McManus Mediator - Arbitrator

The first goal of mediation is to settle the lawsuit for the best possible result and avoid a trial. Mediation is also useful to educate the lawyers and the parties about the strengths and weaknesses of the case and the opinions of the other side. Where mediation is mandatory, the goal can be only to satisfy a judicial requirement to attend a mediation in order to be given a trial date.

The parties’ lawyers will be there along with their clients. The defendant may not attend, but a representative of the defendant’s insurance company will always be involved.

Mediation of a contract dispute allows the parties to fashion a settlement which can be creative and a win-win for the parties. In a trial of a contract dispute, the court is limited to a legal remedy by which one party wins and the other loses, or both parties lose. Mediation also enables the parties to learn from a discussion of the factual and legal disputes. This often leads to a new assessment of the case and, eventually, to settlement.

Useful documents at a mediation include pictures and reports of the crash, event, or product which caused the injuries, the plaintiff’s medical bills, medical reports, the plaintiff’s employment or business records, and pictures of the plaintiff before and after the injury.

Experienced personal injury lawyers prepare extensively for personal injury mediation. The plaintiff’s attorney will make an extensive presentation which includes the crash or other negligence of the defendant, the injuries to the plaintiff, the pain and permanent disabilities suffered, the medical expenses in the past and likely to be incurred in the future, the plaintiff’s lost income and loss of earning ability, and other losses caused by the negligence of the defendant. Also, the available insurance coverage are discussed. The defendant’s attorneys also prepare a detailed presentation which is aimed at educating the plaintiff on the weaknesses of the plaintiff’s claim.

Personal injury mediation often take three to four hours. In cases where each party is motivated to settle but the amount of money at stake is great, mediation may take longer.

In arbitration, evidence is presented, and legal arguments are made to an arbitrator, or panel of arbitrators, who make a final decision ending the dispute. In mediation, the parties negotiate between themselves with the assistance of a mediator to reach an agreement ending the dispute.

If a written settlement agreement is reached, it becomes a legally-binding contract which may be submitted to the court for enforcement.

A mediator is a facilitator of negotiations between the parties. He or she does not represent either party and does not give legal advice. A lawyer is a representative of one of the parties. He or she advises the client and presents the client’s view of the issues.

Private mediators’ fees vary and you can shop around. Typically, they charge by the hour. You can expect to spend $200 to $500 or more per hour in South Florida. Usually, each party pays one-half of the fee. The family courts also provide mediation services to less affluent couples at a much lower cost.

Having explored the realistic possibilities in mediation, there is a likelihood that a settlement will be reached later. If there is no settlement, however, the divorce will only be final after a trial before a family court judge in which the judge will decide all disputed issues.

Mediation allows a couple to write the rules of their separation and future life. This not only gives control to the couple, but it also avoids drawn out, expensive litigation and a trial that will cause long-lasting harm to the couple and their children. Even if mediation does not achieve a settlement, it will clarify each party’s options from what is desired to what is possible.

Mediation takes as long as it is still useful. A minimum of two hours is typical. To reach a written agreement often takes three or four hours. Some complicated mediations take six to eight hours to reach a settlement. Mediation can be conducted for more than one session on more than one day.