What if an Agreement is Not Reached During Mediation?

Call 407.344.3400 to speak with Florida Supreme Court Certified Mediation Lawyer, Steen Brown

Mediation is a critical step in the dispute resolution process, offering parties the opportunity to resolve their issues amicably with the help of a certified mediator. In the State of Florida, mediation is often a required procedure before a case can proceed to trial, especially in matters of civil law, including Divorce and Family Law, Business Law, and Personal Injury cases. But what happens when mediation does not result in an agreement?

In Florida, if the parties involved in mediation cannot reach a settlement, the mediation is considered unsuccessful. However, this does not mean the end of the road for dispute resolution. The case will then typically proceed to litigation, where a judge or jury will make a decision on the unresolved matters. This process ensures that, even if parties cannot agree during mediation, there is still a pathway to a legal resolution.

For cases involving Divorce and Family Law, if mediation fails to yield an agreement, the parties may find themselves in a trial where a judge will decide on matters such as asset division, child custody, and support arrangements. In Business Law disputes, unresolved issues may lead to a trial where contractual obligations, liabilities, and damages will be assessed. Similarly, in Personal Injury cases, if an agreement is not reached, the court will determine the compensation for damages suffered due to negligence or misconduct.

It's important to note that even if a full agreement is not reached during mediation, the process is not futile. Mediation can help narrow down the issues, clarify priorities, and sometimes, parties may reach a partial agreement, which can limit the scope of what needs to be decided by a judge. Moreover, the confidentiality of the mediation process ensures that the discussions and any partial agreements are protected.

Steen Brown of Brown Law, PL, with his Florida Supreme Court Certification (#20878CFR) for Circuit, Civil, Family, and County Court Mediation, brings expertise and professionalism to the table, guiding parties through the complexities of mediation with the goal of reaching a fair and amicable resolution. As a professional mediator service provider in Orlando, Kissimmee, and Central Florida, Brown Law, PL is committed to facilitating effective communication and negotiation to help clients navigate the challenges of unresolved disputes.

While an unsuccessful mediation may lead to a trial, the process itself is a valuable step towards dispute resolution. It provides a confidential, impartial platform for parties to communicate and negotiate, and with certified professionals like Steen Brown, parties are in capable hands to seek the best possible outcome.

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Call Florida Supreme Court Certified Mediation Attorney, Steen Brown today at 407.344.3400 to schedule a confidential consultation.