"I enjoy helping people work out a deal through mediation." J. Layne Smith

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.

You should consider 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;
Etc.

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.