What to Expect at Mediation
Mediation gives you an opportunity to resolve a dispute with the assistance of an impartial mediator. This guide explains how the process generally works, your role in making decisions, and my responsibilities as your mediator. Procedures may vary with the type of case, the applicable court order, and the parties’ needs.
Understanding mediation
Mediation is a guided settlement discussion. It is less formal than a trial, and you do not need to persuade the mediator to rule in your favor. I help the parties identify issues, communicate concerns, explore options, and consider possible agreements. I do not decide who wins, make findings of fact, or impose a settlement.
A court may require you to attend mediation, but the decision to settle remains yours. You may accept or reject a proposal. My role is to support informed, voluntary decisions without coercion or pressure to accept a particular outcome.
At the beginning
I explain the process, my role, confidentiality and its limits, and how we will communicate. There is an opportunity to ask questions. Depending on the circumstances, we may begin together or in separate rooms. A joint discussion is not necessary in every case.
Private discussions and negotiation
I may meet privately with each side and their attorney. These meetings are called caucuses and may occur in separate physical rooms or Zoom breakout rooms. We can discuss concerns, proposals, and practical obstacles to settlement. I may help examine the strengths and weaknesses of positions and possible outcomes, while leaving the decisions to you.
At the outset, I explain how information from private discussions may be shared. Ordinarily, I need the disclosing party’s consent to share it with another participant. Any alternative arrangement for sharing caucus information will be explained and agreed upon. Tell me clearly if you want particular information kept private, subject to applicable legal exceptions.
My Responsibilities as your Mediator
Neutrality and impartiality
I assist all parties fairly and do not advocate for either side. I may ask difficult questions or help you consider another perspective; that is part of exploring a possible resolution. I must remain impartial throughout the process and withdraw if I can no longer do so.
I must disclose potential conflicts of interest as soon as practicable. Some disclosed relationships may permit mediation to proceed with everyone’s agreement; a clear conflict or a conflict that clearly impairs impartiality requires declining or withdrawing from the matter. Please provide the names of the parties, attorneys, and relevant entities so conflicts can be considered.
Confidentiality and its limits
Mediation is confidential. I have a duty to protect mediation information, including its handling and storage, subject to disclosures required or permitted by law or properly authorized by the participants. The duty continues after mediation ends. Participants also have confidentiality obligations under applicable law.
Florida’s Mediation Confidentiality and Privilege Act generally protects mediation communications from disclosure outside the participants and their counsel and provides a privilege against testimony in later proceedings. The Act applies to qualifying court-ordered or otherwise legally required mediations, mediations conducted under it by express agreement, and mediations facilitated by a Florida Supreme Court certified mediator unless the parties expressly opt out as the law allows.
Confidentiality is not absolute, but will require a Court Order to disclose. There are some statutory exceptions, to include, certain communications used to plan or commit crimes, conceal ongoing criminal activity, or threaten violence; legally required abuse or neglect reports; and limited disclosures concerning professional misconduct, malpractice, or legally recognized grounds to set aside or reform a mediated agreement. Waiver can also affect protection.
A signed written settlement agreement is not automatically confidential under the Act unless the parties agree otherwise. Filing requirements and other law may still affect its privacy. Existing evidence does not become protected from discovery or inadmissible simply because someone brings it to mediation. Consult your attorney before sharing mediation information outside the process.
Independent advice and informed decisions
I serve as mediator, not as either party’s attorney or as the judge in the case. I may provide appropriate information and discuss options, but I do not provide individual legal representation or tell you how the court hearing your case will rule. Your attorney advises you about your rights and the consequences of a proposed agreement. If you are unrepresented, consider obtaining independent legal advice before signing.
A fair and safe process
Please raise any concern about intimidation, domestic violence, an injunction, or your ability to negotiate freely. Separate rooms do not resolve every safety concern. I must postpone, adjourn, or end mediation when required, including when a party cannot make a free and informed decision or continued mediation endangers someone’s safety. In a pending family case, certain domestic violence circumstances must also be brought to the court’s attention.
How to Prepare for Mediation
Before the session
Confirm the date, time, location or Zoom arrangements, expected participants, and fee terms.
Review any court order with your attorney.
The required parties, counsel, and any representatives with settlement authority must attend as the applicable rules and order require. In civil cases involving insurance, an authorized insurance representative may also be required. Family cases generally require the named parties themselves to attend.
Gather the documents and information you need to evaluate settlement, and discuss your goals, concerns, and alternatives with your attorney. Tell my office in advance about interpreter or accessibility needs, safety concerns, or circumstances that may affect your ability to participate.
Practical preparation
Set aside the scheduled time and be ready to participate throughout the session. Ask for a break or time to consult privately with your attorney when needed.
Have relevant records, financial information, proposed terms, and a way to review and sign documents available. Complete required disclosures; mediation does not replace them.
For Zoom, test your connection, camera, and microphone. Join from a private, quiet location. Confirm that remote attendance is authorized by the applicable order or agreement.
Protect everyone’s privacy. Do not record, livestream, or use an automated transcription or AI note-taking service without advance discussion and all required authorization. Arrange any support person’s attendance in advance.
Continue to follow court orders and deadlines. Scheduling mediation does not automatically pause the case or change existing obligations.
How Mediation Concludes
If an agreement is reached
An agreement may resolve all of the dispute or only certain issues. The terms are documented using the formalities required for the case, ordinarily in a written agreement signed by the parties or authorized representatives. Review the terms carefully with your attorney, including payment dates, deadlines, releases, and any remaining obligations. Do not assume you can freely change your mind after signing.
An agreement may require filing or court approval. Family mediation has specific filing and approval rules, and agreements concerning children remain subject to applicable law and court review. Ask your attorney what steps are needed to make the agreement effective and conclude the case.
If some or all issues remain unresolved
Mediation may end without an agreement, sometimes called an impasse. The parties may continue negotiations, return for another session, or proceed with the unresolved issues in court. A partial settlement can narrow what remains to be decided. Declining a settlement does not, by itself, mean you failed to comply with an obligation to attend mediation.
When a report to the court is required, I report the permitted procedural outcome, such as agreement, partial agreement, impasse, or adjournment, and may identify attendance. I do not use the report to reveal confidential negotiations, recommend how the judge should decide the case, or give my opinion about whether someone negotiated in good faith. Additional reporting is limited by the applicable rules and authorized consent.
Fees and scheduling
Review the written fee arrangement and Terms of Service before the session, including payment responsibilities and any applicable cancellation terms. Mediation fees compensate the mediator’s time and services and are not contingent on reaching a settlement and are due at the conclusion of the mediation. Payment for mediation services are usually split 50/50 for each party, unless otherwise agreed upon or Ordered by the Court. Contact Caracuzzo Mediation with questions about scheduling or the process.
This page provides general information about mediation in Florida. It does not provide advice about a particular case or replace applicable law, court rules, court orders, or your written mediation agreement.