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"I enjoy helping people work out a deal through mediation." J. Layne Smith
Lawyer J. Layne Smith has been certified by the Supreme Court of Florida as a circuit
civil mediator. The law offices of Smith, Brooks & Masterson have been designed
to comfortably accommodate multiple party mediations. Mr. Smith travels throughout
Florida to mediate cases. In addition to Mr. Smith, the firm has another certified
circuit civil mediator, and a certified family law mediator.
The Mediation Process
Confidentiality in Mediation:
The cornerstone of mediation is confidentiality. What happens at mediation cannot
be disclosed in court. Thus, unless the case settles, the Judge assigned to the
case will not know anything about what happened at mediation.
How mediation works - the process:
The parties come together at one central location to discuss ways to resolve their
differences. Everyone attends an opening session that is presided over by the mediator.
The mediator does not give advice or take sides. His role is to act as a neutral
facilitator to help the parties work out a mutually acceptable solution to their
dispute.
Opening session in Mediation:
The mediator explains his role, and the process to be followed. Each party explains
what the dispute is about, and makes a full and frank disclosure of their respective
position.
Mediation - Private caucus:
The mediator then separates the parties into different conference rooms and begins
the process of trying to learn what matters most to each side, explore their relative
strengths and weaknesses, and figure out options for settling mediating the case.
Shuttle diplomacy during Mediation:
The mediator goes back and forth between the parties to obtain and convey offers
of settlement, and to make suggestions on how to narrow the differences during mediation.
When an agreement is reached in the mediation process, it is reduced to writing
and the mediation agreement signed by the parties.
Shuttle diplomacy during Mediation:
- Before a lawsuit is filed (pre-suit mediation);
- When you want to hold down litigation costs;
- When you want a prompt resolution to a dispute;
- When a trial cannot provide the remedy you seek;
- When you want to end a dispute without destroying a relationship;
- When your dispute is private and you want it to remain private;
- When the court orders it; etc.
The advantages of mediation are:
- It can be scheduled very quickly;
- It is inexpensive compared to the cost of trial;
- It can usually be completed in one day;
- Unlike a trial, mediation is private and confidential;
- Mediation is informal and is conducted in a relaxed atmosphere;
- The parties can fashion their own creative remedies to the problem;
- On-going disputes create negative energy, which a mediated settlement can resolve;
- Trials are inconvenient, formal, scary, expensive, and unpredictable;
- Mediation encourages the parties to fashion creative solutions that a judge or jury
cannot provide;
Mediation is a win-win scenario:
When mediation succeeds, which it usually does, the matter is resolved. If a case
is mediated and does not settle, the parties come away from the experience with
a deeper understanding of the strengths and weaknesses of both sides’ cases, and
what they need to do to prepare for trial.
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