Commercial Mediation Services in Florida

Inspired Mediation provides commercial mediation services for many types of commercial disputes, including those involving contract disputes, construction, business, products liability, insurance coverage, subrogation, estate and consumer claims.

What is Commercial Mediation Services?
What is Mediation? It is a voluntary process, in which in a simple and informal way, two or more parties involved in conflict work with an impartial professional and the mediator, to generate their own solutions and thus resolve their differences. Unlike a judge or an arbitrator, whose decisions are binding on the parties, and imply in most cases that one party wins and the other loses, mediation seeks to obtain a valid solution for both parties. Mediation is a flexible form of conflict resolution, which allows the parties in conflict, a solution prior to what would have constituted litigation. Mediation offers the parties an opportunity to gain a better understanding of their dispute, and limit the cost (both in time and money) that a completely legal procedure implies, considering all possible instances. In a mediation session, all parties share their views. The mediator asks questions to ensure a clear understanding of all issues relevant to the parties, their interests, and their positions.

Mediation, also known as conciliation in many parts of the world, has a long history in the diplomatic sphere. In the business world, interest in mediation has grown considerably in recent years. This increased interest is attributed in part to dissatisfaction with costs, delays and excessive length of litigation in certain jurisdictions. However, the increase in interest also results from the advantages of mediation, particularly from its attractiveness as a procedure that offers the parties full control of the procedure to which their dispute is submitted and the outcome of that procedure. Wherever mediation has been used, the degree of success has been very high as a result acceptable to both parties in a dispute has been achieved. However, because it is a relatively unstructured procedure, some are hesitant to use it for fear of not knowing what to expect. This document is intended to allay those fears by simply explaining the main features and benefits of mediation and how mediation works in practice under the Mediation Rules. Click here to know more about Commercial Mediation Services in Florida.

What is mediation? Mediation is primarily a non-mandatory procedure. This means that, even if the parties have agreed to submit a dispute to mediation, they are not obliged to continue the mediation procedure after the first meeting. In this sense, the parties always control the mediation. The continuation of the procedure depends on their continued acceptance. The non-binding nature of mediation also means that a decision cannot be imposed on the parties. In order to reach a solution, the parties must accept it voluntarily. Consequently, unlike a judge or arbitrator, the mediator is not a decision-maker. Rather, the role of the mediator is to help the parties reach their own decision on the resolution of the dispute. There are two main ways in which mediators help the parties to make their own decision and these correspond to two types of models of mediation practised throughout the world. Under the first model, mediation-facilitation, the mediator strives to facilitate communication between the parties and to help each of them understand the perspective, position and interests of the other in relation to the dispute. Under the second model, mediation-evaluation, the mediator performs a non-binding assessment of the dispute, which the parties are then free to accept or reject as a solution to the dispute. They are the ones who decide which of the two mediation models they want to follow. The WIPO Arbitration and Mediation Center (“the Center”) will help you find an appropriate mediator for the model you wish to adopt.

Mediation is a confidential procedure. Confidentiality serves to promote frankness and openness in the procedure, guaranteeing the parties that the declarations, proposals or offers of the solution will not have any consequences beyond the mediation procedure. As a general rule, they may not be used in subsequent litigation or arbitration. The WIPO Mediation Rules also contain detailed provisions designed to preserve confidentiality as to the existence and outcome of the mediation. How does mediation differ from arbitration? The differences between mediation and arbitration arising from the fact that, in mediation, the parties retain responsibility and control over the dispute and do not transfer decision-making power to the mediator. In concrete terms, this has two main consequences: In arbitration, the outcome is determined in accordance with an objective standard, applicable law. In mediation, any outcome is determined by the will of the parties. Consequently, when deciding on an outcome, the parties may take into account a broader set of rules, and in particular, their respective business interests. For this reason, mediation is often said to be an interest-based procedure, while arbitration is a rights-based procedure. Taking commercial interests into account also means that the parties can decide on the outcome by reference to their future relationship rather than solely by reference to their past conduct. A party must convince the arbitration tribunal of the justification of its case. Address your arguments to the court and not to the other party. In mediation, since the outcome must be accepted by both parties and not decided by the mediator, one party must convince the other or negotiate with the other. It addresses the other party and not the mediator, even though the mediator may be the conduit for communications from one party to the other. Click here to know more about Commercial Mediation Services in Florida.

Commercial Mediation Services in Florida

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