Mediation

Every lawsuit these days is subject to the mediation process. Many disputes are submitted to mediation before litigation even begins. Dispute resolution through mediation is definitely the wave of the present. Resolving your matter through mediation with Chester Clem rather than litigation can dramatically cut down on attorneys fees and costs, while allowing you to take an active role in determining the outcome.

Since becoming a Florida Supreme Court Certified Circuit Court Mediator in 1994, Chester Clem has enjoyed being of service to numerous members of the Bar in a vast array of civil matters. We are confident that you will find his many years of experience and broad litigation background especially useful in reaching an amicable settlement of your matter.

What is mediation?
A voluntary and confidential process of bringing two parties in a legal dispute together through the assistance of a neutral third party who helps the parties negotiate a settlement. The mediator does not tell the parties what to do, or make a judgment about who is right or wrong. The mediator simply helps the parties identify the important issues in a dispute and gives suggestions on how the parties can resolve it themselves. People have used mediation in virtually every type of conflict situation, from commercial and family cases, to criminal matters.

The following is an example of what you can expect in a typical mediation:

  • First, the mediator will make a brief introduction that includes establishing ground rules suggested by the mediators and the parties;
  • Next, the parties will be given an opportunity to tell “their side of the story” in an uninterrupted manner;
  • At the conclusion of each party’s presentation, the mediator may ask questions to clarify the issues and obtain a better understanding of the parties’ main concerns;
  • The parties will then separate into different areas, where they can talk freely and confidentially to the mediator and not be heard by the other party;
  • The mediator will go back and forth between the parties, relaying proposals and suggesting various options that may resolve the dispute;
  • After finding a solution that the parties agree best resolves the issues, the agreement will be memorialized in writing, and will become legally enforceable.

Why mediate?
Mediation can be dramatically less expensive and more expedient than litigation, and many people prefer having a say in the outcome of their case, rather than it being decided by a judge. Collaborative problem-solving can be superior to traditional adversarial approaches where certain parties, such as family members, can be harmed by the effects of protracted litigation. The mediation process enables the parties to reduce hostility, regain a sense of control, gain acceptance of the outcome and achieve a greater sense of justice.

How will mediation affect my case?
Mediation provides an opportunity for each side to carefully review its own case and to see the dispute from the other party's perspective. A skilled mediator can also help point out the strengths and weaknesses in a party’s case. If, however, the partiers are unable to reach a resolution during mediation, the case may proceed to litigation. As the mediation process is confidential, nothing stated by a party while in mediation may be used later in court.


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Chester Clem, P.A.
2145 15th Avenue
Vero Beach, FL 32960-3435
 
772-978-7676
772-978-7675 (Fax)

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