Mediation

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The mediation process is considered more efficient, much less expensive, and more a more simplified process than formal litigation.  In Florida, Mediation is often ordered by the judge in an attempt to settle a dispute so as not to further burden the courts. Mediation provides an unbiased forum for the disputing parties to have direct input into the final decision versus taking the dispute to court where the final outcome will be determined by a judge or jury.  In other words, taking a dispute to court will cost you a lot more money and the final outcome, of something that affects you personally, will be decided by a complete stranger with little input from you.  Mediation allows you to participate in and contribute directly to the resolution process, while ensuring that all of your concerns are not only heard, but are also taken into consideration in the final outcome of your case.

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In a mediation, the disputing parties are encouraged to focus on the underlying issues that contributed to the dispute.  Questions as to which party is right or wrong are generally less important than how the problem may be resolved. 

In mediation, if an agreement is reached, the issue is considered resolved and the case closed with no opportunity for appeal.  No dollar amount can ever replace the value of closure and the end to the anxiety and stress usually associated with unresolved disputes!

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the alternative

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Having the dispute heard in court can be a lengthy process.  The courts are very busy and cases can take months if not years to be heard.  When decisions are finally issued they can still be subject to appeal which can add additional months or years to the process with the associated anxiety and lack of closure.  And of course, throughout the process, expenses can mount to the point of significantly diminishing the value of the damages sought versus what is eventually realized.

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Which Is Best?

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The best method will be based on your personal needs as a consumer of the legal process.  If you are like most people, you are looking for a quick resolution so you can move on with your life and not have to deal with overworked courts, judges, juries and all the associated expenses – Mediation is for you.

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If you are absolutely certain that a judge or jury will agree with you on all the damages you seek, you don’t mind the lengthy wait of a court process to play out, high associated costs, and having your personal issue decided on by strangers with very little input from you; then going to court is the way to go.

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