We’ve Got Answers: Your Questions About Mediation

Q: What is mediation and how is it different from arbitration?

A: For whatever reason, people tend to confuse the terms mediation and arbitration. Mediation is an informal settlement conference. The parties come together (either in person or more and more frequently by Zoom) with a neutral mediator who is typically a lawyer but doesn’t necessarily need to be. Mediators have usually taken courses in mediation strategies and mediator ethics and are experienced in helping adverse parties facilitate a settlement. The main difference between mediation and arbitration is that, where an arbitrator will ultimately reach a decision in favor of one party or the other, a mediator doesn’t decide the case, but simply helps the parties find common ground on which to base a settlement. The mediator, while usually a lawyer, does not, and is not permitted to serve as counsel to either side in the case. Nor does the mediator play the role of a judge or an arbitrator. At the end of the mediation, it’s the parties who decide whether the lawsuit will be settled and, if so, on what terms.

Gary Schaaf has been a Florida Supreme Court Certified Circuit Court Mediator since 1995. He can be reached for scheduling at gschaaf@beckerlawyers.com or by phone at (813) 527-3912, and you can read more about his background here.