Mediation Services

 We provide County Mediation Services for the following issues:


  

Rates

Initial Phone Consultation No Charge 

Mediation Sessions Billed at the rate of $125.00 per hour (2 hour minimum).


Mediation Fees:

The total fees due are payable at the conclusion of the Mediation, unless other financial arrangements have been made in advance. The cost of Mediation is usually split equally between the parties. Bressler & Associates accepts cash, check, money order or PayPal as payment. Checks written with insufficient funds will not be tolerated and will be prosecuted to the fullest extent of the law.


Mediation Lunches: 

If the parties would like to keep costs down, we will take a one hour break for lunch at which time the parties can make there own lunch arrangements and refresh themselves before the Mediation session continues in the afternoon. However, if the parties desire to have a catered lunch so all parties can continue to working through the lunch hour, we can make the necessary arrangements (based on the preferences of the parties) to have additional food & beverage delivered to the office and the catering fee will be added to the total Mediation fee.


Cancellation Policy: 

Notice of cancellation must be received at least 5 business days prior to the start of the Mediation Conference or the Parties will be billed their share of the cancellation fee (the 2 hour minimum session fee) and/or any other fees already incurred (i.e., non-refundable travel, penalties, document reviews, etc.)


Travel Charges: 

No charge within Pinellas, Pasco Counties, Tampa city limits or within a 25 mile radius of Bressler & Associates, Inc. in Clearwater, FL.

Travel in excess of 25 miles each way is billed at a rate of $125 per hour and may include tolls and/or mileage charges. 

Significant travel expenses, (i.e., airfare, rental car, hotel, etc.) will be discussed with the parties and prepayment arrangements must be made at least two weeks prior to the mediation conference.


Mediation Consulting Services:

Consulting Fees vary based on the project. Rates begin at $75 per hour.

All communication during the mediation process, other than an executed agreement, is confidential and inadmissible as evidence in any subsequent legal proceeding, unless all parties agree to waive confidentiality Florida Supreme Court mediators are bound by FL Statute 44 to maintain confidentiality except where required by law.

Litigations and Trials are costly.  Mediation is your alternative option.

What Is Mediation?

Mediation is a process where the parties meet with a mutually selected, impartial and neutral Certified Mediator who assists them in the negotiation of their differences to ultimately reach an agreement known as a settlement.

Mediation is an alternative way to settle disputes that does not involve the court. In Mediation, it is the role of the mediator as a neutral third party to help the parties compromise and find a solution.

While it is the role of a judge to decide cases or impose settlements, a mediator does not have such authority. The mediator's job is to facilitate negotiation, an understanding of the opposing party or parties' positions and to help the parties find creative solutions to their differences.

At the end of the Mediation process, each party benefits from obtaining a resolution to their dispute.


What Is The Role Of The Mediator?

The mediator is an impartial and neutral facilitator who assists the parties in reaching a mediated settlement. The mediator and the parties shall be bound by the Mediation Agreement that both parties must sign. Mediation leaves the decision power totally and strictly with the parties. The mediator does not decide what is "fair" or "right," does not assess blame or render an opinion. Rather, the mediator acts as a catalyst between opposing interests attempting to bring them together by eliminating obstacles to communication, while at the same time, moderating and guiding the process to avoid confrontation and ill intentions. However, the mediator will seek concessions from each side during the Mediation process.

All information and conversations discussed during the Mediation are considered confidential and the Mediator is bound by this confidentiality requirement. Your mediator will destroy all related documents (including all notes taken by the mediator during the Mediation) after the end of the Mediation session, and shall not retain any records related to the Mediation except the Mediation Agreement executed by the parties.


When To Consider Mediation?

Mediation can take place at any point of the dispute process.  Either before litigation begins or at any point once the Litigation process is

initiated.  You do not need to proceed with pretrial Litigation just because you have initiated the process. You can suspend Litigation and turn to Mediation as an alternative at any time before setting a trial date. 


What Are The Benefits Of Mediation?

 Mediation is an attractive alternative to Litigation for many reasons.

 

Who Attends The Mediation?

 All of the parties to a dispute must attend the Mediation. If either party has retained an Attorney, it is advisable, although not required, that their Attorney attends the Mediation as well. An Attorney alone cannot attend in place of a party. Since the parties to a Mediation have the authority and ability to settle the case themselves (without the assistance of an Attorney), it is not mandatory that Attorneys are in attendance at the Mediation.

If an individual is not listed as the Plaintiff or Defendant, they are not considered to be a party to the dispute. However, they may attend the Mediation if the opposing party permits them to be in attendance.


Who Chooses A Mediator?

The parties of the dispute, not the Attorneys, have the freedom to choose a mediator. The parties may then notify the Court of the their decision to pursue Mediation and which mediator they will be using.


How Long Does Mediation Last?

Although it is possible for two parties to come to an agreement relatively quickly, in most instances, Mediations will last several hours and in some rare cases it may last a few days. Regardless of the time needed, a minimum fee is charged, as outlined on the Rates & Services page of this website.


How Do I Prepare For My Mediation?

It is required that each party to the Mediation agrees to proceed by signing a Mediation Agreement prior to the day of the Mediation. Each party also agrees to provide a concise statement or summary of the issues to be mediated, the parties interests in the subject matter, and, if possible, the desired outcome or settlement position they expect to come from the Mediation. This should be coupled together with copies of any existing offers to settle that have been made by either party prior to the beginning of the Mediation. This is required to be delivered (via mail, e-mail or fax) to Bressler & Associates, Inc. and the other party(ies) at least 7 calendar days prior to the Mediation start date. Your mediator cannot guarantee that they will be in a position to read all materials delivered, if the information requested is not provided in advance. Therefore, it is prudent to provide Mediation materials in a timely manner to ensure your mediator is fully prepared. 

Since Mediation is an approved court process, Mediation Settlements are legally binding in the court of law. Therefore, Mediation is an excellent way to avoid both going to trial and paying the high cost of Attorney Fees!

Mediation is a form of Alternative Dispute Resolution (ADR) or Conflict Resolution involving two (or more) disputants which are referred to as either the plaintiff or defendant. During the Mediation process, the mediator, acts as a completely neutral guide toward resolution. The mediator's goal is to assist the disputants in ultimately reaching an agreement. This agreement is signed by both parties and will be legally binding. The parties themselves determine the conditions of any settlements reached— rather than accepting something imposed by a third party. Mediation disputes can involve virtually any issue and (as parties) may involve states, organizations, communities, individuals or other representatives with a vested interest in the outcome.

Mediators use appropriate techniques and/or skills to open and/or improve the dialogue between disputants with the purpose of helping the parties reach an agreement (with concrete effects) on the disputed issue. All parties must view the mediator as completely impartial and unbiased. Disputants may use Mediation in a variety of disputes/conflicts, such as commercial, legal, diplomatic, workplace, community and family matters. A mediator may also contract and mediate cases between organizations such as unions and corporations. When a workers’ union goes on strike, a dispute takes place, and the corporation hires a third party to intervene in attempt to settle a contract or agreement between the union and the corporation.

 

 

 

 

 

 

 

 

 

 

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