1 FAQs - Mediar Inc

Yes, and at Mediar we offer them all. Although mediation and arbitration are the most common forms, there are hybrid forms called “Med-Arb” or “Arb-Med”. In addition, there are specialized forms of arbitration, such as “High-Low” arbitrations which work well in personal injury and professional negligence cases.

This list is not exhaustive and we would be happy to discuss the specific needs of your individual case. Our goal is to provide innovative approaches to dispute resolution using highly experienced professionals.

This process is sanctioned by Florida Statute 44.104 and combines the benefits of binding arbitration – a speedy and economical resolution – with the benefits of a non-jury trial. A single Trial Resolution Judge renders a decision that is final if accepted by the parties.

However, the parties still preserve the right to have an appealable Final Judgment entered by the Circuit Court, which is subject to appellate review by the District Court of Appeal on all issues, other than findings of fact.

Although available in most civil cases, this method is especially well suited for any dispute that requires a decision by someone experienced in complex factual and legal matters.

Mediation as defined above, except the parties are not represented by attorneys. This method can be used to resolve any type dispute before or after litigation has begun. It is sometimes used by divorcing couples who seek amicable dissolution of their marriage with maximum preservation of their assets.

Arbitration means a process whereby a neutral or third person or panel, called an arbitrator or arbitration panel, considers the facts and arguments presented by the parties and renders a decision which may be binding or non-binding depending on the circumstance and as provided by statute. Generally a binding arbitration must be agreed to by the parties and is often the result of an “arbitration clause” in a particular contract that is the subject matter of the dispute.

Mediation is a process whereby a neutral third person called a mediator acts to encourage and facilitate the resolution of a dispute between two or more parties. It is an informal and non-adversarial process with the objective of helping the disputing parties reach a mutually acceptable and voluntary agreement.

In mediation, decision making authority rests with the parties. The role of the mediator includes, but is not limited to, assisting the parties in identifying issues, fostering joint problem solving, and exploring settlement alternatives.

It is a non-adversarial, private, confidential process that seeks resolution with a focus on the opportunities for joint, rather than individual, gain. That is, each case is treated as a problem to be solved, not a contest to be won.