What to Expect When You’re Expecting A Mediation

Most people don’t know what a mediation, is let alone what to expect during a mediation. Whether you’re mediating a business dispute, personal injury case, insurance issue, or healthcare matter, each mediation will have the same components: a mediator, opening statements, caucuses, and negotiations. Because I am a Florida Supreme Court Circuit Civil certified mediator, this post will focus on circuit civil mediations.

Nowadays, most mediations occur via Zoom, Webex, or some other form of audiovisual conference which is typically hosted by the mediator.  

The People

During a mediation the following people will likely be present: the parties to the lawsuit, their attorneys, and the mediator. The mediator is a neutral third party; he or she is not there to decide who is right or who is wrong, instead they are a neutral facilitator, whose role is to help all of the parties reach some sort of resolution.

The Opening Statements

The mediation will begin with opening statements. Opening statements are where each of the people involved in the litigation explain their roles and positions. The mediator will begin with his or her opening statement and explain the parties’ roles and the rules for the mediation. Afterwards, the mediator will turn the opening statements over to the parties. Some parties prefer to use, visual aids such as videos, pictures, or PowerPoints.

Typically the attorney for the plaintiff or petitioner begins with the opening statement since they are the ones who have brought the action or lawsuit. At the end of their statement, they will usually provide a demand communicating what it would take to get the case resolved. 

Afterwards, the attorneys for the defendants or respondents will proceed with their opening statements. They may end with an opening offer.

The plaintiffs/petitioners often respond to what the defendants/respondents have said. 

The Caucuses

After all of the opening statements have been given, the parties will break out into caucuses (meaning separate rooms) and the negotiations will begin. Caucuses allow the parties to freely discuss any additional issues with the mediator.

The Negotiations

During the negotiation process, the parties will go back-and-forth with demands and offers. You will probably hear the word “midpoint” a lot. The midpoint is exactly what you would imagine: the middle number between the demand number and offer number. Many lawyers look at midpoints as an indication of where the other party is willing to end their negotiations.

The Process

Most mediations last around three hours. Of course, the nature and facts of your case may cause the mediations to last for a longer or shorter period of time. Many people who are not used to mediations become discouraged because often the parties are so far apart at the beginning of the negotiations. Having litigated hundreds of cases as an attorney, I am here to tell you: do not be discouraged with the process. To quote the great Tampa Bay mediator Bobby Santos “ it is not where you start; it is where you finish.” 

Sincerely,

Silvia A. Brett, Esq.

Silvia Brett is a Florida Supreme Court Certified Circuit Civil Mediator based in St. Petersburg, FL and handling mediations throughout the State of Florida. Schedule Your Mediation Here.

Disclaimer: The information provided on this blog is for general informational purposes only and is not intended to be legal advice. The content may not reflect the most current legal developments, and it is not guaranteed to be complete or up-to-date. The information on this blog should not be taken as legal advice for any specific case or situation. You should not act or refrain from acting based on any content included in this blog without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in your jurisdiction. The author expressly disclaims all liability in respect to actions taken or not taken based on any or all the contents of this blog. If you have any questions about your legal rights or obligations, you should consult an attorney.