Mediation

Mediation is an informal process where the parties to dispute convene a meeting with a mediator to try to resolve their dispute.  Everything said at a mediation, with some limited exceptions, is privileged and cannot be repeated outside mediation.  Mediation may take place prior to institution of a law suit or after filing of the suit.  In some cases, mediation can take place after a judgment has already been entered.  For example, the US Court of Appeals for the Eleventh Circuit conducts mediation at the appellate level.  

Mediation generally consists of three phases: the initial joint phase;  the caucus phase; the concluding phase.  In the initial phase, the parties all meet in the same room and discuss the cases.  Generally, the plaintiff goes first.  At the conclusion, the plaintiff generally tenders a demand.

Thereafter, the parties separate into caucus sessions.  Each side meets separately with the mediator.  The mediator cannot repeat what is revealed in the caucus sessions to the other parties without the consent of the revealing party.  The mediator thereafter conveys offer and counter-offer back and forth in an attempt to settle the case.  Quit often, the mediator will act as an agent of reality with a party interjecting his thoughts on the relative weakness or strengths of individual points of the case.  

If the case settles, the parties generally reconvene jointly with the mediator to finalize the details.

Most cases submitted to mediation in Florida eventually settle.