Florida courts are pushing mediation more than ever. As you help clients through our state’s busy legal system, you are likely weighing whether to guide them toward settlement discussions or head straight to court. This decision deserves thoughtful consideration, especially now that judges often expect parties to try mediation before taking up valuable court time.
Why mediation often makes sense
Mediation has become more prevalent in legal practice for good reasons. First, it is confidential. What happens in mediation stays in mediation. This means your clients can speak freely without worrying that their words could later be used against them.
Moreover, this private setting often sparks creative solutions that you would not see in court. For example, a manufacturing company might offer specialized services as part of a dispute settlement rather than just monetary compensation. This is something a court could not order.
The practical benefits are compelling. Your business clients will appreciate saving both time and money.
When to think twice about mediating
However, mediation is not always the right answer. Some cases genuinely need a judge’s ruling, particularly those involving unclear legal questions. For instance, if your client needs clarity on how a new regulation affects their industry, a court decision might actually help their long-term business strategy.
Also, when a big power imbalance exists between parties (like a small supplier facing a market giant), even the best mediator might struggle to create a fair outcome. In these cases, the formal litigation protections might better serve your client.
Questions to ask before deciding
When you are on the fence about mediation, consider:
- What does your client prioritize? Are they looking for their “day in court,” or would they prefer a quicker, more private resolution? A public company might value keeping things private to protect stock prices, while a business seeking to establish an industry standard might benefit from a public ruling.
- How complicated is the case? Sometimes, mediation works beautifully for complex matters with multiple parties. Think about a construction dispute involving contractors, subcontractors and suppliers. Mediation might resolve everything more smoothly than a tangle of lawsuits.
- When should mediation occur? Early mediation can prevent entrenchment, while waiting gives parties more information. For a business partnership dissolution, early intervention might preserve relationships. However, an intellectual property dispute might benefit from some discovery first.
- Who should mediate? The right mediator makes a huge difference. A mediator with industry knowledge can help parties see regulatory implications that they might otherwise miss.
While Florida’s rules often require mediation, remember that trying it does not mean giving up your right to go to court later. If mediation does not work out, litigation is still an option.
Making the strategic choice
In the end, deciding on mediation requires balancing numerous factors against your client’s specific situation and goals. This careful analysis distinguishes thoughtful practitioners from the rest. By making this decision thoughtfully for each case, you fulfill your professional obligations while respecting the efficiency our courts desperately need.