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Many times, if we can't solve a conflict, we tend to give up or hire a lawyer. There can be a better way: Mediation can often help resolve a dispute less expensively and with less conflict, whether it's a divorce, a discrimination claim, the parent of a special-education student seeking more services from a school, labor/management issues, health care disputes, environmental/public policy issues, or international conflicts. Mediators don't decide who's right. They guide a discussion so the disputants can more wisely reach agreement and move on with their lives.
Swimmer Law Associates, P.A. is a full-service mediation firm that serves South Florida area clients. Professional mediation is about conflict resolution. When two or more parties have a dispute, either before litigation has been started or after a lawsuit has been filed, they may call in a mediator to facilitate an equitable solution. Unlike lawyers and judges, who evaluate, assess, and decide for others, mediators help participating parties evaluate, assess, and decide for themselves. Parties wishing to avoid the delays, high costs, publicity, and ill will brought on by litigation look to mediators as a more peaceful, inexpensive, and expedient alternative. The mediator’s job is to listen, sort through differences between the two parties involved in a dispute, and find common ground upon which to ascertain an agreed upon solution. A good mediator is honest, neutral, and encouraging; listens well; and has excellent communication skills. Helping two parties arrive at a mutually agreeable solution also takes a fair amount of creativity.
Mediation sessions are an opportunity for all sides to a dispute to work together to see if the issues can be resolved. When the parties come to mediation they can expect to spend some time together going over the history and background of the dispute, so that each person can hear directly the points of view or perspectives of the others involved. Facilitated by a neutral professional, mediation is a process, through which the parties are given an opportunity to evaluate in confidence the realistic options for resolution. The mediation generally begins with a joint session attended by all participants. At this session, one at a time, each party summarizes its position on the key factual and legal issues; at this time a joint discussion between the parties is encouraged. The joint session is followed by confidential caucuses between the mediator and each party. The mediator assists each party in evaluating its position and in assessing alternatives for resolution. Due to the confidentiality of the caucuses and the voluntary nature of the process, the parties retain control over the information which is shared, the options which are discussed, and the terms of the ultimate agreement. The end result is a written settlement agreement.
Swimmer Law Associates, P.A. handles each case on an individual basis. Let us help you work toward a mutually acceptable resolution.
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