Alternative dispute resolution has been utilized by the Florida Court System to resolve disputes for over 30 years. As defined by Statute, mediation is “a process whereby a neutral third person called a mediator acts to encourage and facilitate the resolution of a dispute between two or more parties.
It is an informal and nonadversarial process with the objective of helping the
disputing parties reach a mutually acceptable and voluntary agreement. In mediation, decision making authority rests with the parties.” §44.1011(2), Fla. Stat. Mediation is an alternative way to address disputes outside of the court system. It is a private and confidential process designed to resolve disputes in a manner whereby the parties can reach a settlement acceptable to all parties. Mediation opens lines of communication that allows parties to explore all settlement options in order to resolve disputes. Everything said during mediation is confidential and (except as provided by law) may not be repeated to anyone other than the other parties and/or the other parties’ counsel. Mediation gives parties more control over the outcome of their case, normally allows the case to be resolved sooner, and can save on the overall expense involved in the case.
“ ‘Mediator’ means a neutral, impartial third person who facilitates the mediation process. The mediator’s role is to reduce obstacles to communication, assist in identifying issues, explore alternatives, and otherwise facilitate voluntary agreements to resolve disputes, without prescribing what the resolution must be.” §44.403(4), Fla. Stat. Glenn M. Mednick has been certified by the Florida Supreme Court as a Circuit Civil and County Court Mediator in the State of Florida since 1999. He originally became certified as a civil mediator because of the difficulties he experienced when attempting to locate mediators knowledgeable in probate, trust or guardianship litigation for disputes in which he represented a party. He limits his mediation practice to the areas of the law in which he litigates: commercial litigation, guardianship litigation, probate litigation, real estate litigation, and trust litigation.