For the benefit of attorneys attempting to schedule mediations:
Mr. Goldman has been certified as a circuit court mediator by the Florida Supreme Court. Oftentimes as you know, having a mediator experienced and familiar with the type of dispute being mediated can be the difference between the case resolving itself under favorable terms, or even resolving itself at all. We are more than happy to mediate cases, both court-ordered and pre-suit, at virtually any location agreed upon by the parties. For further information regarding mediation services, scheduling, and fees, please contact Sherri O’Connell.
$350.00 per hour, divided equally, between both parties and payable at the conclusion of mediation
$400.00 per hour, divided equally, between all three parties and payable at the conclusion of mediation
$50.00 per hour, divided equally, if outside Charlotte County, Florida
½ day mediation: 3 hours at applicable hourly rate
Full day mediation: 4 hours at applicable hourly rate
For the benefit of clients interested in learning more about mediation or how it might affect their cases:
The simple purpose of mediation is to provide a means whereby parties to a dispute and their attorneys can sit down and attempt to negotiate a reasonable settlement satisfactory to both parties. Mediation is a relatively straightforward process. A mediator, who is an impartial observer, meets with the parties and their attorneys in a relaxed setting in an effort to promote open communication and a spirit of cooperation. Generally, each party of their attorney will present to the other side and to the mediator their reasoning as to why they feel they should win and their chances of winning or losing. The mediator will then meet with the parties together and by questioning and discussion will assist the parties to fairly and properly evaluate their cases.
Oftentimes, a mediator will then meet with a party and his/her attorney in private to discuss both the good points and the bad points about their case. The mediator will likewise meet with the other side to discuss with them the good points and the bad points of their case. Occasionally, the mediator will meet with the clients personally without their attorneys being present.
By serving as a third party impartial participant in the process, a mediator attempts to get both sides to reach a mutually satisfactory settlement of the case without further time and attorney fee expense being incurred by the parties to the dispute. We are trusted industry experts when it comes to mediation Punta Gorda mediation Port Charlotte and all of Charlotte County.
A mediator normally has no authority to render a decision. A mediator simply facilitates an agreement among the parties. An arbitrator conducts a contested hearing between the parties and then, acting as a judge, renders a legally binding decision.
Mediation can occur at any time during a dispute, which surprises most people. In many instances, mediation can occur and be successful prior to a lawsuit ever being filed. In cases where a lawsuit has been filed, the trial judge may order the parties to attempt mediation as a way of resolving the case prior to trial. Mediation is mandatory in civil cases in many jurisdictions throughout the State of Florida.
While a judge in a lawsuit can order parties to attempt to mediate in good faith, nothing else can be compelled to occur in mediation. Everything else about mediation is voluntary. The case can only be settled if both parties agree to settle. The parties have complete decision-making power and a veto over each and every provision of any mediated agreement. Nothing can be imposed on the parties by anyone involved in the mediation process.
No. Mediation is confidential. Anything which the parties say to the mediator or to the other side during the mediation process is confidential. That means the parties can never be questioned about statements they may have made to the mediator or during the mediation process.
Mediation is impartial, neutral, and safe. The mediator has an equal and balanced responsibility to assist each mediating party and cannot favor the interests of any one party over another, nor should the mediator favor a particular result in the mediation. Your mediator is ethically obligated to acknowledge any substantive bias on substantive issues in discussion. The mediator’s role is to ensure that parties reach agreements in a voluntarily and informed manner, and not as a result of coercion or intimidation.
Mediation is responsible: Based upon having actively resolved your own conflict, participant satisfaction, likelihood of compliance and self-esteem are found by research to be dramatically elevated through mediation. This being said, the decision to mediate a case to conclusion is specifically the decision of the parties, not their attorneys or the mediator.
Typical mediation cases, such as consumer claims, small business disputes, or automobile accident claims, are usually resolved after a half day or, at most, a full day of mediation. Cases with multiple parties often last longer. Major business disputes involving large sums of money, complex contracts, or dissolution of a partnership may last several days or longer.
If you need the assistance of a mediator in Port Charlotte, Punta Gorda, or Englewood, please contact us immediately to schedule a convenient date for all parties and their counsel.