Mediation Services

Medwebservices provides Civil mediator services over the Internet for clients in the State of Florida. Mediation is a method for settling disputes avoiding the need to go to court. As a rule, Mediation is successful approximately 85% of the time.

Mediation is entirely voluntary. One of the main benefits is that parties have a greater degree of participation and control in the result than in any other legal proceeding. This is in stark contrast to a court judgment. Mediation is private and confidential. Furthermore, Mediation is a method of settling disputes which is almost always less expensive, more efficient and provides a
quicker resolution than litigation.

A mediated settlement is in the hands of the parties. The mediator is independent and does not have decision-making authority. Instead, the role of a mediator is to facilitate an objective discussion between the parties, with the aim of narrowing their differences. If a party is unhappy with the process, he or she can withdraw at any time and the matter is then declared to be at an impasse. However, the aim of a Mediation is to help the parties to reach a satisfactory agreement, which resolves the issues in dispute between them. The agreement is then put into writing. It is only when the written agreement is signed by the parties and the mediator that it becomes a legally enforceable contract.

Typically, the Mediation begins with the mediator making an opening statement explaining his role and then asking each of the parties to make a statement outlining the issues in dispute. Usually, the parties are then separated and the mediator begins the process of discussing the issues in dispute with the respective parties in private. Crucially, what is discussed in these separate sessions is confidential, unless the mediator is granted express permission by the relevant party to reveal information to the other side as part of the ongoing negotiation process. These private sessions are designed to work constructively towards reaching a mediated settlement.

Most importantly, anything that is discussed in Mediation cannot subsequently be used in litigation. There are only a few very limited exceptions to this principle, which are designed to protect vulnerable persons. In the event of a dispute being settled which started as a lawsuit the mediator’s only obligation is to advise the court that a signed agreement has been reached. The signed agreement is kept by each of the parties and need not be filed with the court unless the parties wish to do so. Should a dispute not be the subject of a lawsuit the parties will each keep a copy of the signed agreement and there is no need to notify the court of the agreement..

In furtherance of confidentiality, once an agreement is signed and his fees have been paid, it is Mr. Rance’s practice to destroy any notes he may have taken during the Mediation but he will usually keep a copy of the signed agreement in case there is any future dispute between the parties as to what was agreed. However, Mr. Rance will also undertake to destroy any record of the signed agreement if this is the common wish of the parties who have signed it. 

In the event a mediated agreement is not reached, then the parties are free to commence/continue with litigation or indeed to utilize any other permissible method in an attempt to resolve the issues in dispute.