Why Choose Mediation?
A smarter, faster, and more cost-effective path to resolving legal disputes.
The Advantages of Mediation Over Litigation
Litigation is adversarial by design. It is public, expensive, time-consuming, and places the outcome in the hands of a judge or jury. Mediation offers a fundamentally different approach — one that gives the parties themselves control over the resolution of their dispute.
In Florida, mediation is mandatory in most civil cases before trial. But increasingly, parties are choosing to mediate before filing suit or early in the litigation process because they recognize the significant advantages mediation offers.
Mediation vs. Litigation
| Factor | Mediation | Litigation |
|---|---|---|
| Timeline | Typically resolved in one day | Months to years to reach trial |
| Cost | Fraction of litigation costs | Significant attorney fees, discovery, and court costs |
| Confidentiality | Completely confidential | Public record |
| Control | Parties decide the outcome | Judge or jury decides |
| Flexibility | Creative, customized solutions | Limited to legal remedies |
| Relationships | Preserves working relationships | Often damages relationships |
| Stress | Collaborative environment | Adversarial and emotionally draining |
| Compliance | High voluntary compliance rate | May require enforcement proceedings |
Cost Savings
Mediation eliminates the need for extensive discovery, depositions, expert witnesses, and trial preparation. The mediation fee is typically shared between the parties and represents a small fraction of what each side would spend in continued litigation.
Time Efficiency
While a civil case may take one to three years to reach trial, mediation can resolve the same dispute in a single session. This allows the parties to put the matter behind them and focus on moving forward.
Confidentiality
Under Florida Statutes Section 44.405, all communications during mediation are confidential and inadmissible in court. This protection enables candid discussions that would not be possible in a public courtroom.
Party Control
In mediation, the parties maintain control over the outcome. Rather than having a decision imposed by a judge or jury, the parties craft their own resolution — one that addresses their actual needs and interests.
Preserved Relationships
Litigation is inherently adversarial and often destroys personal and professional relationships. Mediation's collaborative approach allows the parties to resolve their dispute while maintaining the ability to work together in the future.
Higher Compliance
Research consistently shows that parties who participate in crafting their own agreement are far more likely to comply with its terms than parties who have a decision imposed upon them by a court.
Explore Mediation for Your Dispute
Contact Darcee S. Siegel to discuss whether mediation is the right approach for your situation.
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