Are you preparing to go to West Palm Beach mediation per a court order or voluntarily? Do you know your rights to refuse an unfair proposal? Experienced West Palm Beach probate attorneys know that some clients do not understand the different between mediation and something more binding like arbitration. Even more importantly some do not know that the papers they sign with the mediator are still binding in a West Palm Beach Court. Do you know the rules? Check out this case out of the Fourth District Court of Appeals to learn more.
Mediation
- Florida’s rule 1.730(b) of Civil Procedure requires that mediation agreements be reduced to writing and signed by both parties.
- Often parties do not understand what they are getting into by walking into mediation.
- Most courts in West Palm Beach have the power to force you to undergo mediation before going to jury trial, most of the time they will use that power too.
- How is mediation different from most types of arbitration?
- Where as an arbitrator tries to make findings of fact, a mediator mediates.
- But what does that even mean?
- A mediator is going to try to make you come to a settlement; they are not going to tell you what they think the facts are.
- An arbitrator is going to actually make findings of fact and you may not like them!
- Also absent an agreement the court cannot usually compel mediation.
- Do you know when you can waive the necessity of going to West Palm Beach mediation?
- What if it is clear you are not going to find an agreement or any common ground?
- Keep in mind a mediator is not free – they usually charge by the hour!
- Either way if you are in mediation do not feel pressured, you do not have to come to an agreement that day and the court cannot pressure you to do so.
- Check out this case out of the Fourth District Court of Appeal.
Gardner v. Wolfe & Goldstein P.A.
- The Appellant here was in a dispute that ended up going into mediation in West Palm Beach.
- Here some agreement appears to have been reached.
- The problem is it was not signed by one of the parties.
- Sound like no big deal?
- Not to the appellate court which noted that not only do the rules of civil procedure require a party’s signature there is ample notation in case law to the same effect.
- Do you agree?
- Should the guy be able to get out of the settlement just for not signing?
- At the same time how can we be sure the nature of the West Palm Beach agreement without it being in writing?
Want to learn more?
Check out the entire case by clicking here.