How Mediation Works

Mediation is a voluntary, confidential process in which a neutral third party — the mediator — helps disputing parties communicate effectively and work toward a mutually acceptable resolution. Unlike litigation, mediation gives the parties control over the outcome. Unlike arbitration, the mediator does not make a binding decision.

Darcee S. Siegel conducts mediations using a structured yet flexible approach, adapted to the needs of each case. Whether the matter involves two parties or multiple stakeholders, the goal remains the same: to facilitate honest, productive dialogue and help the parties reach agreement.

Scheduling & Preparation

One or both parties contact the mediator to schedule a session. Each side prepares a confidential mediation summary outlining the facts, legal issues, and their position. The mediator reviews all submitted materials before the session.

Opening Session

The mediator explains the ground rules, confirms confidentiality, and allows each party to present an uninterrupted opening statement. This sets the foundation for understanding each side's perspective and priorities.

Private Caucuses

The mediator meets privately with each party to explore interests, assess strengths and risks, and develop potential solutions. Information shared in caucus remains confidential unless the party authorizes its disclosure.

Negotiation & Resolution

Through facilitated discussion and structured negotiation, the mediator helps the parties narrow their differences and move toward agreement. When settlement is reached, the terms are documented in a binding written agreement.

What to Expect During Your Session

Most mediation sessions last between three and eight hours, depending on the complexity of the dispute. The mediator will work at the pace that best serves the parties, allowing adequate time for discussion while maintaining productive momentum.

All parties with settlement authority should attend the mediation, either in person or by telephone as permitted by applicable rules. Attorneys typically participate alongside their clients, though attorney representation is not required for all types of mediation.

Everything discussed during mediation is confidential under Florida law. If the parties do not reach agreement, nothing said during the session may be used in subsequent court proceedings. This confidentiality allows for candid discussions that would not be possible in a courtroom setting.

After Mediation

If the parties reach a settlement, the agreement is memorialized in writing and signed by all parties before the session concludes. This written agreement is a legally enforceable contract. In court-ordered mediations, the signed settlement may be submitted to the court and incorporated into a final order.

If no agreement is reached, the parties retain all of their legal rights and may proceed with litigation or other dispute resolution methods. The mediator's observations and the substance of all discussions remain strictly confidential.

The Mediation Process