We’ve Got Answers: Your Questions About Mediation Part Three

Q: When is the best time in my dispute to hold a mediation?

A: The best time in the course of a dispute to schedule and hold a mediation depends entirely on the nature of the dispute and the parties involved. In some cases, typically when the adverse parties are on relatively good terms, it may be best to schedule a “presuit” mediation, meaning a mediation which is held before suit is filed. A successful presuit mediation obviously avoids the legal costs associated with filing the suit, including filing fees and the costs associated with preparing the complaint and any responsive pleadings. In some cases – including many suits involving homeowners’ and condominium associations – presuit mediation is required by statute. Mandatory presuit mediations may also be required in various contracts, which may be at the heart of a dispute. When a lawsuit is filed, with rare exception, the court will require the parties to take part in at least one mediation conference before trial. When, in the course of that litigation, the mediation should be held often requires balancing the two competing interests: (1) trying to settle the case before too many legal fees have been incurred, and (2) making sure that, before the parties go to mediation, they’ve learned enough about the case – through the discovery process – that they’ve filled any material factual gaps which could otherwise prevent a settlement from being reached.

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.