Is mediation right for you? There are many situations in which mediation is the preferred choice over litigation. Many contracts (including, for example, the standard FAR/BAR Residential Contract for Sale and Purchase of real estate) require mediation before a lawsuit can be filed. Even if your dispute does not require mediation, the benefits of settling a case at mediation, before or after a lawsuit is filed, are numerous.
First, most attorneys will tell you that no one can predict how a court will rule in most cases. On the other hand, with mediation, a settlement agreement gives you certainty and finality. You no longer have to worry how a judge will rule because you have settled the case on terms which you agreed to with the other party or parties. In addition, a settlement at mediation “stops the bleeding,” both emotionally and financially. When you settle a case at mediation, the costs of litigation, which can be significant, come to an end.
Finally, settling a case gives you the peace of mind of knowing that you can sleep at night and go on with your life, without the constant cloud of that legal dispute hanging over your head.
Rod B Neuman, Esq., is a Florida Supreme Court Certified Circuit Court Mediator and is available to handle the mediation of your civil dispute.