What is Mediation

Mediation is an informal settlement conference between two or more parties in a lawsuit. Mediation is not binding, as some forms of arbitration or appraisal might be, and the goal of mediation is to encourage the parties to settle their difference and come to an agreement, without the need for a jury trial.

When Does Mediation Occur?

Courts in Florida often require the parties to a lawsuit to attend mediation prior to the start of a trial. There is no specific timeframe in which mediation must or will occur - mediation can occur as early as the parties want, or be delayed so long that the Judge finds it necessary to issue an Order commanding the parties to attend mediation. In certain circumstances, a dispute can sometimes be mediated before a lawsuit is even filed! Generally, however, mediation seems to occur between four to eight months after the lawsuit is commenced.

How Long Does Mediation Take?

Mediation conferences typically last about three hours, but can be as short as a few minutes or as long as multiple days. The length of time is entirely dependent on a number of factors, ranging from the facts in the case, the personalities of the lawyers, the reasonableness of the parties, and the skills of the mediator. Mediation seems to move very slowly at first, but speeds up after the first hour or two as the parties (hopefully) get closer and closer to agreement.

What Happens At Mediation?

Many mediations begin with opening statements. At a mediation the attorney does the talking and a client need not say anything unless he or she wants to. Depending on the circumstances of the case and the parties involved, a party's opening statement in mediation can either be a casual summary of events lasting a couple minutes, or it can be a full presentation of arguments likely to be made at trial. An important benefit of a mediation conference is the ability of an opposing attorney to speak directly, and sometimes bluntly, to the opposing party's decision making clients, and vice versa.

Mediations often occur in a conference room, with each party sitting on opposite sides of a conference table. The mediator, often a senior attorney or retired Judge, will sit at the head of the table and listen to both sides. After opening statements are concluded, the parties each go to separate rooms, and the mediator spends the remainder of time going back and forth from one party to the other attempting to resolve the dispute and encourage settlement.

Are Mediations Successful?

Yes, mediation seems to be an excellent way of resolving differences and encourage settlement agreements between parties. Experienced sinkhole attorney John Byrne, who has been involved in hundreds of sinkhole mediations, estimates approximately 80 percent of sinkhole lawsuits are resolved either at, or shortly after, mediation.

What Happens If Mediation Does Not Settle?

Although the vast majority of mediations seem to end positively, not all do. If a mediation does not cause a lawsuit to settle, the parties impasse the mediation, and litigation continues. Settlement talks may continue between the attorneys as the case progresses towards a jury trial. In certain circumstances it is not uncommon for a sinkhole lawsuit to settle days or even hours before a trial begins. And for various reasons, a fraction of a percentage of sinkhole cases proceed to trial.

Who Is The Mediator And For Whom Do They Work?

Mediators are attorneys, trained and certified to mediate lawsuits. Often a mediator is a senior attorney with years of experience in practicing law, and many times successful mediators are retired judges. A mediator's job is to encourage each party to compromise when possible and attempt to settle their differences. To that end, mediators work for both sides and for neither side - and each party pays half of the mediator's fees, typically an hourly rate.

How Long To Get Paid After Mediation?

If a case settles at mediation, the check is in the mail. Most mediation agreements require that checks be issued within approximately 20 days of the mediation. That means, if your sinkhole claim settles at mediation, you're likely to receive payment within a month! The end is in sight!

Learn More About Your Case And Mediation

If you are facing damage to your home caused by sinkhole activity, or if you have already filed a claim for sinkhole activity, pick up the phone and call the Byrne Law Group at 813-413-6565. Experienced attorney John Byrne will discuss your case with you in person or on the phone, advise you of your options, and answer all your sinkhole questions. Call today and learn about your rights!