How long is mediation?
All mediations are different. Generally we schedule either a half or full day. Ms. Stern will not leave a mediation if the parties are willing to stay and continue talking. If we cannot resolve the matter in the allotted time, further sessions may be scheduled and Ms. Stern will always follow up with counsel for the parties if the parties do not settle at the time of mediation. Many cases settle shortly after mediation.
How should I prepare?
Ms. Stern asks that all parties submit a mediation statement prior to mediation. She strongly encourages the parties to exchange mediation statements and some courts require that this be done. It is also helpful if the parties are prepared with their best estimate of damages and any supporting documents and calculations. While it need not be provided to the mediator in advance, it is always helpful to bring any evidence that supports disputed claims.
Where does mediation take place?
We can schedule mediation at our office in Boca Raton, Florida or Ms. Stern can travel to counsel's office, the court house, or another mutually agreed location. There is no charge for travel within Palm Beach, Broward and Miami-Dade counties. Please contact our office for information on travel costs to other counties within Florida and the scheduling of mediation out of state.
What does mediation cost?
The cost of mediation varies depending on the type of case and number of parties. Mediation is generally charged at an hourly rate, with a minimum number of hours charged depending on whether a half or full day is booked. Flat day rates are also available. Mediation charges are split equally between the parties, unless the parties agree otherwise in writing.
Who should attend mediation?
The parties and their counsel generally attend mediation, as well as others with an interest in the case such as an insurance adjuster or carrier's counsel. The parties should bring those individuals who have full authority to settle the case. Who is required to attend may vary depending on the court and jurisdiction. If anyone who is not counsel of record or a party to the case wants to attend, agreement of the parties and the mediator should be secured in advance.
Is mediation confidential?
Mediation is generally a confidential process. However, there are certain things the mediator may be required to disclose to authorities. It is unlikely that any of these will apply to your case, but you will be advised of the exceptions to confidentiality at the outset of the mediation. Whether a mediated settlement is confidential is up to the parties and the court.