Can I mediate a dispute without filing a lawsuit?
Yes, you don't need to file suit in order to mediate. In fact, many business contracts today require that parties try to mediate disputes first before filing a lawsuit.
Does the mediator make any rulings like a judge?
No, mediators do not issue orders, rulings or findings. Mediation is a private proceeding and the decision to settle or not rests solely within the control of the parties. If the mediation was court ordered, all the mediator typically reports to the court is when the mediation was held and if the case was settled. If the mediation is voluntary in connection with an out of court dispute, nothing needs to be disclosed.
Are all mediators in Florida certified by the Florida Supreme Court?
No, not all mediators are trained and certified by the Florida Supreme Court. The parties to a dispute may chose to mediate with either certified or uncertified mediators. Also, not all mediators are attorneys. Its entirely up to parties to review the qualifications and experience offered by mediators very carefully to decide who is best suited to handle their dispute.
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