Are you involved in a dispute with a spouse, a residential or commercial landlord, or a person with whom you do business? Many of these conflicts involve issues that can be resolved without full-blown litigation, in a more controlled, mutually cooperative manner through mediation. Mediating a disagreement also saves you valuable time and can substantially reduce your legal fees.
Sherin Waggy, Esq. of Hannon Legal Group offers professional mediation services and is specially trained and court-certified to act as a neutral intermediary exploring possible outcomes that satisfy the interest of all parties.
Attorney Waggy has successfully mediated disputes involving divorce and other domestic issues, business contracts, employment agreements, residential and commercial property issues, serious personal injury settlements, insurance policy coverage disputes, and numerous other matters. Mediation is a cost-saving and time-efficient alternative for litigants.
What Are Mediation Services?
All civil lawsuits begin as unresolved disputes. Some require months of legal depositions, trial preparation, and ever-climbing attorneys’ fees to achieve a client’s goal. But many cases can be resolved with the guidance of a neutral moderator who favors neither party but whose objective is helping them reach a mutually satisfying resolution for both parties.
Two or more parties voluntarily arrange for a mediation session, or the mediation may be ordered by a judge to encourage both sides to engage in a calm, informal, and confidential discussion through a qualified, neutral intermediary.
If an agreement is reached, the terms are spelled out and become a legal contract enforceable in court. If the mediation does not produce a settlement, then the contested matter returns to the litigation track in court. If the matter is not resolved, nothing either party said during mediation may be used or admitted into evidence in any resulting court proceedings.
How Does Mediation Work?
When a mediation session is scheduled with Hannon Legal Group, Attorney Waggy meets with the two opposing parties at the same time to explain the process she uses during mediation. The session begins with the mediator reiterating her neutral role and her aim to help facilitate communication but not to offer advice, or counsel to anyone. Several ground rules are established to ensure that everyone is courteous. The parties will also learn that, with very few exceptions, anything they say during the mediation process is confidential and is inadmissible in any subsequent court proceeding.
Then, the mediator identifies what the key issues of dispute are for each party so that important contested matters get addressed during the session.
Generally, after the process is explained and the parties’ questions are answered, the mediator directs each of the parties to a separate room. Then, over the course of the next few hours, the mediator will “caucus” with each side individually, keeping their conversation confidential. With a skilled mediator moving back and forth between parties, discussing each key issue one at a time, the mediation process often results in both parties finding common ground and agreeing to a resolution both think is fair.
If the scheduled session time ends with some issue unresolved, another session can be scheduled if both parties want to continue. If at any time, someone wants to end the mediation, they are free to do so.
When all the disputed issues are resolved by agreement, the details are written into a formal contract that both parties sign and agree to be legally bound by.
Contact Hannon Legal Group
Learn more about how mediation could work in your dispute.
What’s the Benefit of a Mediator?
Mediating a dispute offers several substantial advantages over other available conflict resolution methods. The three most significant benefits of mediation include:
- Maintain control over how issues are resolved instead of leaving it up to a jury or judge,
- Saving thousands of dollars in attorneys’ fees and costs for a trial in court,
- Prompt and time-efficient dispute resolution without waiting for a slow court process.
Control the Issues: Participating in mediation means that you decide whether you are satisfied with a proposed settlement of any single issue. No judge or jury dictates your result. The mediator applies no pressure on either party.
Save Money: Litigating any serious dispute means lawyers are involved and hiring a lawyer means paying for the attorney’s time and experience. Fees and costs for depositions, investigators, and expert consultants can add up at a shockingly fast rate. A successful mediation process can cut a litigant’s expenses by ten thousand dollars.
Save Time: The growing volume of lawsuits created a backlog in Florida’s courts. Waiting for your case to reach trial results in anxiety and mounting pressure. Mediation can be organized and scheduled in a relatively short time, conducted over one or more days, and can resolve your issue in a matter of weeks.
What Type of Cases Go to Mediation?
If the parties to a dispute are willing to try mediation, the process can be applied to any dispute.
Mediating Domestic Relations: Divorce is always the source of emotional distress, disappointment, hurt, and anger. Putting family-related disputes into a courtroom never feels comfortable. A skilled mediation attorney can be a guide for once loving spouses to deal with the necessary details of ending their marriage, including equitable distribution of property, shared custody schedules, child support, holidays, and school vacations.
Mediating Personal Injury: When an insurance company and an accident victim agree on all but a few issues, mediation is a safe and serious forum in which to negotiate settlements. Injury victims can gain a speedier settlement through mediation because insurance companies sometimes benefit from delays because financial pressure on the injury victim increases over time.
Mediating Business Disputes: Differing views and occasional conflicts arise in businesses of all sizes. Resolving those issues in a fair, efficient, economical manner serves everyone’s interest. Mediating business disputes voluntarily through a mediation attorney minimizes disruptions in productivity and usually preserves the relationship between longtime trading partners.
Hannon Legal Group’s Mediation Attorney Can Help Resolve Your Dispute
For a free consultation about our mediation services, call us at (305) 358-3109