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Mediation and Arbitration Archives

Mediation

Mediation can be an alternative to litigation; however, in most jurisdictions, mediation is required before a judge will set a case for trial. There is nothing binding at a mediation session, unless the parties agree. There are four (4) possible outcomes at a mediation: a full agreement, a partial agreement, an impasse or a continued session. The mediation session is confidential in nature, so nothing learned in mediation (there are a few exceptions specifically with abuse and crimes) is admissible in court; therefore, parties are encouraged to be completely transparent in order to obtain a full agreement. It is easier for parties to co-parent if they are able to create their own agreements versus one be ordered for them to follow by a Judge. A mediator, acting as an impartial third party, facilitates the process in the hopes of obtaining an agreement, this give the parties the control they need to come to an agreement. Parties can attend a mediation with or without attorneys, that is their choice. For more information on hiring Camy B Schwam-Wilcox as a mediator, attending the mediation with a client as an attorney, or for more information about the process, you can contact Schwam-Wilcox & Associates by calling 407-245-7700, e-mailing at info@cbswlaw.com or visiting the website at www.cbswlaw.com. Home Offices: Orlando

Camy Schwam-Wilcox Appointed As Florida Bar Certified Grievance Mediator

Congratulations to our very own Camy B. Schwam-Wilcox, who was appointed today as a Florida Bar Certified Grievance Mediator. Camy has served the Florida Bar Grievance Committee in the past and was the Chair; now she will be mediating grievances filed against Florida Bar Attorney's instead of investigating the complaints. Camy is also a Florida Supreme Court Certified Family Law Mediator, so she is eager to use that experience in order to assist the Florida bar with her new appointment. She is also an owner and attorney at Schwam-Wilcox & Associates. www.cbswlaw.com. Home Office: Orlando

Why do I have to attend mediation?

A common question that we are asked by our clients is "Why do I have to attend mediation"? Well, there are two (2) reasons; first, in most Florida jurisdictions it is a requirement to attend mediation prior to litigation, and second, most cases really do settle in mediation. Although most people believe that they cannot settle their domestic issues in mediation, it truly does work. There is something about the informal setting with a unbiased facilitator (mediator) that helps parties work through their need to be heard on issue that may not be relevant for court or a judge. Further, you have all of the decision making power as the parties in a mediation instead of relinquishing that power to a judge who really does not know your family and what would work best for them. In a litigation or a trial setting, you are only as good as your testimony and the evidence in court; in mediation, you can agree to resolve your issues anyway you and your opposing side deem fit (within reason and as long as it is legal). Some mediations take as little as two (2) hours, and some take as much as several full day sessions; however, at the end if you can reach an agreement you will be relieved that the unknown is over. There are only four (4) potential outcomes of a mediation: complete resolution, complete impasse, continuation (not enough time) or partial agreement. In some jurisdictions, mediation is required before a temporary motion can be heard. The attorneys at Schwam-Wilcox & Associates, will guide you through this process, so you will be prepared and ready to mediate and negotiate, as mediation is less stressful and less expensive than a trial. Camy B. Schwam-Wilcox is also a Florida Supreme Court Certified Family Law Mediator.  You can e-mail us at camy@cbswlaw.com, or callus at 407-245-7700. You can also visit our website at www.cbswlaw.com.

Confidentiality in the Mediation process

In Orange County (and many other counties) Mediation is required in domestic cases prior to litigation. One important aspect of mediation is the confidentiality in the mediation process. The mediation discussions remain confidential, and nothing that is said or offered in mediation is admissible in court (there are legal exceptions to confidentiality). If the parties are able to reach an agreement, be it complete or partial, only what is in the agreement will be filed in the court file. The parole issues on how an agreement was reached do not become relevant on its face. A mediator may not be subpoenaed to testify about statements made in mediation. The reason for this strict compliance with confidentiality is to ensure that people are transparent and willing to put all of their cards on the table at a mediation to give the mediation the best possibility of being completely successful. Mediation is not binding, unless the parties have a written agreement. Litigation is often the only method discussed in most legal matters; however, the truth is that in most areas of the law (especially dissolution of marriage actions) the parties don't get to the trier of fact (the judge) because they settle their case in mediation. Mediation is a process where the parties have a neutral and impartial third party to help them get past "no", and get to a place of "yes" with their issues, a compromise. One of the key parts to the success of any mediation is the aspect of confidentially. This comfort of knowing that offers, statements and information that is divulged in a mediation is solely for settlement purposes allows everyone to freely and fully engage in the process without a fear of repercussion. To learn more about mediation contact the attorneys at Camy B. Schwam-Wilcox, P.A.; two (2) of our attorneys are mediators and can provide insight and experience to help you get through this process as successfully as possible. The office can be contacted at office@cbswlaw.com or by calling 407-245-7700 (the main office).

Binding Arbitration, Voluntary Trial Resolution and Med-Arb Proceedings in Family Law

Mediation has become the most widely accepted ADR (alternative dispute resolution) procedure in family law cases. Although most cases are successful in total or partial resolution, there are some scenarios where the parties are emotionally incapable or unwilling to resolves their issues in an impartial setting. This is where binding arbitration and voluntary trial resolution comes into play.

Mediation and Arbitration: alternatives to Judicial Intervention

The alternatives to Judicial Intervention is Mediation or Arbitration. In the Florida Court system there are several avenues to resolve disputes, whether through court litigation or Alternative Dispute Resolution (ADR). Mediation is one way to solve disputes through Alternative Dispute Resolution. Mediation is the act of resolving a dispute between two people through communicatory negotiations with a third party involved throughout the process. The third party who facilitates the process of solving the dispute is called the Mediator. This person usually has an expertise in law, interpersonal psychology, or negotiation and will have a certificate in mediation (classes, trainings, and observations are required to obtain your certification).