"Mediation" is a process whereby a neutral third person called a mediator acts to encourage and facilitate the resolution of a dispute between two or more parties. It is an informal and nonadversarial process with the objective of helping the disputing parties reach a mutually acceptable and voluntary agreement. In mediation, decision making authority rests with the parties. The role of the mediator includes, but is not limited to, assisting the parties in identifying issues, fostering joint problem solving, and exploring settlement alternatives...[Florida Statutes Ch. 44.1011(2).]
The role of the mediator is to reduce obstacles to communication, assist in the identification of issues and exploration of alternatives, and otherwise facilitate voluntary agreements resolving the dispute. The ultimate decision-making authority, however, rests solely with the parties. [Florida Rules for Certified and Court Appointed Mediators Rule 10.220.] Mediation is based on concepts of communication, negotiation, facilitation and problem-solving that emphasize: (a) self determination; (b) the needs and interests of the parties; (c) fairness; (d) procedural flexibility; (e) confidentiality; and (f) full disclosure [FRCCAM Rule 10.230.]
Mediation is a fast, creative, efficient and private alternative to protracted litigation. In Florida, an entire mediation proceeding can be concluded within a matter of hours. If the parties are able to reach agreement, the mediator can help the parties reduce their agreement to writing at the time of the mediation. There are specific Florida Statutes protecting the confidentiality of all mediation communications regardless of whether an agreement is reached or not [F.S. Ch. 44.405.]
