North Palm Beach Mediation Attorneys Represents Your Best Interests
Before a case is allowed to proceed to trial in Florida, it is usually required to be mediated. This came about because in 1987 the legislature revised the laws allowing civil trial judges the authority to refer civil cases to mediation or arbitration, The statute has undergone several revisions and requires training standards, certification qualifications, ethical standards and continuing education requirements for mediators.
What Is Mediation?
Very simply, it is a process where the adverse parties conference with each other, either virtually or in person, and are able to discuss their issues with each other through a mediator. Nothing that is said in a mediation can be used for any purpose and the entire conference is confidential. The purpose of a mediator is simply to try to facilitate a meeting of the minds and a resolution of the case. The mediator does not make any decisions or rulings and does not advocate for one side or another but rather simply assists the parties in trying to resolve the case. Again, the mediator does not make decisions and only the parties can voluntarily agree to resolve their issues or not. Mediation success rates in Florida usually fall upwards of 80%. It can be important to the parties to be able to resolve disputes without having to go through the expense and uncertainty of actually trying the case and letting six jurors, who are strangers to the parties, and may have no specialized knowledge of the issues, decide matters for them. It empowers the litigants to resolve the case by their own agreement. If the case does not settle, the confidentiality provisions of Florida Statute 44.401-44.406, apply and, not even the judge presiding on the case, will know or hear of what was ever said during the course of mediation by either party, with very few exceptions.
Avoiding Lawsuits Through Mediation
Some cases do not resolve at mediation. Because the parties opened a dialog however many cases resolve afterwards. Mr. Romaguera is committed to helping resolve cases both during and after mediation and all the way to trial.
Mediation, however, can be useful even before a lawsuit is filed. It can allow parties, either an individual or a business entity, to a dispute to try and resolve or narrow their issues before a lawsuit is filed and avoid the need to incur substantial fees and costs in the process. Again, confidentiality and the fact one party can’t use anything that is said during the mediation against another party makes this process very helpful.
Mediators, such as Mr. Romaguera, have had to undergo training and education to obtain certification by the Florida Supreme Court to allow them to serve as mediators. That and Mr. Romaguera’s 30+ years of experience in litigating cases throughout the state of Florida on both the plaintiff and the defense side make him an ideal candidate to try and help you resolve your case. Because Mr. Romaguera is fluent in both Spanish and English, he can help bridge the possible language gap and effectively communicate with the parties; if need be, he can even conduct the entire mediation in Spanish for the benefit of the parties.
Contact a skilled South Florida mediation lawyer for a free consultation
Romaguera Law Group has the skill and professionalism to address your legal needs. Call us at 561-472-1077 or contact us online to schedule a free consultation at our offices in North Palm Beach, Florida. Se habla espanol.