Although, in some instances, parties start the process by contacting our office. Most human rights claim start by filing a human rights complaint with the district the incident occurred. For example, a City, County, or agency’s Office of Human Rights.

It’s important to note that the availability and specific processes of human rights mediation within city limits can vary depending on the resources, infrastructure, and local practices of each city. Therefore, it is advisable to consult with the relevant mediation service provider or local human rights institutions within the city to obtain precise information and guidance on how to initiate human rights mediation within its limits.

While both mediation and arbitration are alternative dispute resolution methods, mediation focuses on facilitating negotiation and voluntary agreement, while arbitration involves a neutral third party making a binding decision. The choice between the two methods depends on the nature of the dispute, the preferences of the parties involved, and the desired outcome.

Mediation and arbitration are two alternative dispute resolution methods that aim to resolve conflicts without going to court. While they share some similarities, they have distinct differences in their processes and outcomes. Here’s an explanation of the key differences between mediation and arbitration:

1. Role of the neutral third party:
   • Mediation: In mediation, a neutral third party called a mediator facilitates the negotiation process between the disputing parties. The mediator helps them communicate, understand each other’s perspectives, and explore potential solutions. However, the mediator does not make decisions or impose a resolution on the parties.
   • Arbitration: In arbitration, a neutral third party called an arbitrator is appointed to hear both sides of the dispute and make a binding decision. The arbitrator acts as a judge and has the authority to resolve the dispute by rendering a final and enforceable decision, known as an arbitration award.
2. Decision-making power:
   • Mediation: In mediation, the mediator does not have decision-making power. They assist the parties in reaching a voluntary agreement by facilitating communication and negotiation. The final decision lies entirely in the hands of the disputing parties themselves.
   • Arbitration: In arbitration, the arbitrator has the authority to make a binding decision. The decision is based on the evidence presented, arguments made by both sides, and the applicable laws or contractual agreements. The arbitration award is legally enforceable, similar to a court judgment.
3. Formality and procedure:
   • Mediation: Mediation is generally a less formal process compared to arbitration. The mediator creates a relaxed and informal environment where parties can freely express their concerns and explore creative solutions. There are no strict rules of evidence or formal procedures to follow in mediation.
   • Arbitration: Arbitration proceedings can be more formal and structured. The arbitrator may apply rules of evidence, hear witness testimony, and examine documents or other relevant information. The process may resemble a simplified version of a court trial, although it is typically less formal and more flexible than litigation.
4. Control over the outcome:
   • Mediation: In mediation, the disputing parties have greater control over the outcome. They actively participate in the negotiation process and have the opportunity to shape and agree upon a solution that satisfies their interests. The mediator assists in finding a mutually acceptable resolution.
   • Arbitration: In arbitration, the disputing parties have less control over the outcome compared to mediation. The arbitrator, as a neutral third party, makes the final decision based on the evidence and arguments presented. The decision may not fully align with the preferences of either party.
5. Binding nature of the process:
   • Mediation: Mediation is a non-binding process. This means that the parties are not obligated to reach an agreement, and they can choose to walk away from the mediation without any legal consequences. The mediator’s role is to facilitate communication and encourage a resolution, but they do not have the power to enforce an agreement.
   • Arbitration: Arbitration can be either binding or non-binding, depending on the agreement of the parties. Binding arbitration means that the decision of the arbitrator is final and legally enforceable. Non-binding arbitration allows the parties to reject the arbitrator’s decision and pursue other legal options if they are dissatisfied.

What does mediation involve?

In mediation, the mediator has the goal of helping the parties reach a fair resolution. To accomplish this goal, the mediator tries to help the parties understand each other’s perspectives and viewpoints. The mediator discusses the strengths and weaknesses of various positions to work toward reaching an agreement. A mediator facilitates the bargaining process.

Divorce is already not an easy process and using the adversarial court system (litigation) makes getting a divorce much harder than it needs to be.  Divorce litigation is expensive, harms already strained relationships, and often has enduring negative effects on everyone in the family.

Before going through the divorce process or going back to court for custody issues and spending thousands of dollars on attorney’s fees, consider Mediation, it will save you time and money.

Our Florida Supreme Court Certified Family Mediators can help divorcing couples avoid a lengthy adversarial legal divorce process, which can be extremely expensive. A family mediator will work closely with either self-representing litigants or their attorneys during divorce.

We can also assist with “Post” or “In suit” divorce disputes such as modification to support, visitation or revising a Parenting Plan to reflect a current workable schedule.

Divorce by Mediation packet – Click to Get Started 
Full Dissolution of Marriage Mediation Packet: $1,200.00

Includes:

• Up to four (4) hours of meditation,
• One (1) hour for review, signing of documents,
• A complete settlement agreement (property, assets and liabilities, alimony, visitation/time-sharing, and special circumstances),
• Completion of required Dissolution of Marriage forms,
• Child support calculation guidelines,

Payment Terms: The cost is normally split between the parties. Payments can be made online or by calling our office at least 48 hours prior to the conference. Failure to make payment will result in the cancellation of the conference. Payments are refundable with timely cancellation. (For the “Divorce by Mediation” packet a deposit of $400 is required before the first mediation session).

Where “Divorce by Mediation” is selected divorcing couples work closely with Florida Supreme Court Certified Family Mediators to complete and successfully file an uncontested divorce.  The mediator facilitates communication between parties and assists parties with Florida Supreme Court Approved Forms according to agreed terms,  Child Calculations or Spousal Support, Marital Assets Division, and the creation of a Parenting Plan.

How Divorce by Mediation Works; a fast and easy Pro Se divorce mediation process:

After the intake

the meeting, a case manager schedules the mediation conference

• A case manager can make contact opposing party  if requested
• Parties complete information worksheets  and statements of issues they want to resolve during mediation session(s) and submit the documents to case manager
• Parties attend the mediation session(s). At all times, parties are in control of the decision-making process
• Experienced mediators help parties come to an agreement, reduce the agreements to writing
• Lastly, parties file all forms and agreements and wait for a hearing date to be set by the court.

 

Online Florida divorce resources: Dissolution of Marriage (Divorce) – Orange County Clerk of Courts; Florida Supreme Court, Approved Divorce Forms.

After separation or divorce, our Parenting Coordination services help parents resolve disputes and cooperate in the parenting process. This is beneficial during the adjustment phase of establishing new lifestyles after divorce. Keep in mind, the success of joint parenting depends on the cooperative relationship between the divorcing parents!

Our neutrals are Florida Supreme Court Certified Mediators  with backgrounds in Divorce Lawyers, Divorce Orlando, Divorce Mediation Orlando
Let us help you with your divorce by mediation!
Before You File Suit, Call Resolute!

The main difference between arbitration and mediation is that in arbitration the arbitrator hears evidence and makes a decision.

Arbitration is like the court process as parties still provide testimony and give evidence similar to a trial but it is usually less formal.

Most civil or contract disputes can be resolved through arbitration rather than through the courts.

Arbitration differs from litigation in the following ways: Arbitration cannot be instigated by only one party to the dispute. Both parties need to agree to the process. The parties to the dispute choose their arbiter.

If your mediation is court-ordered or conducted by a certified mediator, there are laws and rules which require confidentiality. (See the Mediation Confidentiality and Privilege Act, sections 44.401 – 44.406, Florida Statutes).

Rule 10.300 Mediator’s Responsibility to the Parties
The purpose of mediation is to provide a forum for consensual dispute resolution by the parties. It is not an adjudicatory procedure. Accordingly, a mediator’s responsibility to the parties includes honoring their right of self-determination; acting with impartiality; and avoiding coercion, improper influence, and conflicts of interest. A mediator is also responsible for maintaining an appropriate demeanor, preserving confidentiality, and promoting the awareness by the parties of the interests of non-participating persons. A mediator’s business practices should reflect fairness, integrity and impartiality.

Committee Notes
2000 Revision. Rules 10.300 – 10.380 include a collection of specific ethical concerns involving a mediator’s responsibility to the parties to a dispute. Incorporated in this new section are the concepts formerly found in Rule 10.060 (Self Determination); Rule 10.070 (Impartiality/Conflict of Interest); Rule 10.080 (Confidentiality); Rule 10.090 (Professional Advice); and Rule 10.100 (Fees and Expenses). In addition, the Committee grouped under this heading ethical concerns dealing with the mediator’s demeanor and courtesy, contractual relationships, and responsibility to non-participating persons.
Rule 10.310 Self-Determination