Family Law Articles - Florida Law
Avoid Costly Litigation with Pre-Suit Mediation
By David Roberts | Family Law Attorney
Posted on February 27, 2020
When two parties are so greatly at odds that it requires legal intervention, a nasty lawsuit isn’t the only option. Litigation can often be avoided by using an alternative process known as pre-suit mediation, which can resolve the parties’ differences in an informal manner.
What Is Pre-Suit Mediation?
Pre-suit mediation provides both parties an opportunity to resolve claims early on by taking a step back, focusing on the real issues, and openly discussing their dispute before filing a lawsuit. Prior to mediation, statements are taken and documentation is exchanged between parties that include employment, medical, and insurance information. The disagreeing parties are then assigned a Supreme Court-certified circuit court mediator to assist them in reaching a resolution.
In Florida, pre-suit mediation has been recommended for years to help people resolve their dispute without going to trial. In fact, courts will often require parties to attend mediation—not only because it helps the litigants, but also because it lessens the burden placed on the court system.
Advantages Of Pre-Suit Mediation
Preferable to a trial, pre-suit mediation provides advantages that serve all involved parties.
- It’s Fast- A typical lawsuit can take anywhere from a few months to a few years. Expedited pre-suit mediation can be completed in one day, saving litigants, attorneys, and the court a substantial amount of time and resources.
- It’s Less Expensive- Compared to a lawsuit, pre-suit mediation is a much less expensive option. By avoiding a lengthy trial, attorney and mediator fees are usually limited in nature by comparison.
- It’s Private- Whereas most lawsuits are public record, pre-suit mediation is completely confidential under Florida law.
- It's Civil- Pre-suit mediation prevents the animosity that often builds throughout long court battles. If both parties are willing to talk and compromise before they sue each other, pre-suit mediation can result in a mutually satisfying agreement without conflict.
Pre-suit mediation provides a respectful forum for both parties to swallow their pride and come together in order to work out their issues. While mediation can achieve better and faster results, there are some unavoidable disputes that are better resolved by a judge.
Contact Our Mediation Attorney In Orlando
If you’d like to learn more about pre-suit mediation or you’ve tried it and cannot reach an agreement with the other party, one of our highly experienced Orlando Mediation lawyer can help. To arrange a consultation, please contact The Roberts Family Law Firm today at (407) 426-6999 or fill out the contact form located on this page.
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