Frequently Asked Questions

Mediation is a form of alternative dispute resolution. It is a collaborative process in which a neutral third party, called a mediator, facilitates discussion between two or more parties, in an attempt to help them reach agreement. The mediator does not decide how the matter should be resolved; only the parties decide whether, and on what terms, their dispute should be resolved. In effect, Mediation is a facilitated negotiation conference, conducted in a confidential setting.  Click here to download "An Introduction to Mediation."

Since Chris Shulman is a Florida certified Circuit Civil and County Mediator, the Florida Mediation Confidentiality and Privilege Act, Sections 44.401 - 44.406, of the Florida Statutes, automatically applies to any mediation he conducts, unless the parties expressly agree in writing to opt out of the Act and inform Mr. Shulman of this before the mediation begins.  Chapter 44 of the Florida Statutes is available online.

Learn how to become a Florida Certified Mediator by clicking here.

Arbitration is another form of alternative dispute resolution. In Arbitration, the parties agree to have a neutral third party, called an arbitrator, decide how their dispute should be resolved. Arbitrations can be held with one arbitrator or a panel of three or more arbitrators, whose consensus decides the outcome of the dispute. Arbitration can be either binding (in the sense that the parties agree to abide by the arbitrator's decision) or non-binding (in which case the parties may pursue other means of resolving their dispute, such as litigation before a judge and jury).

An overview of the Arbitration Process is available for download here.

There are several similarities between these two alternative dispute resolution methods. First, they are both much less formal and less costly than judicial proceedings. Second, you need not have an attorney represent you, as you likely would in court. (Of course, it is often advisable to have an attorney either with you or available to you while you prepare for and participate in either Mediation or Arbitration. An attorney can help you put your best foot forward, knowing your rights and the relative strength of your case.)

There are several differences between these two alternatives to judicial resolution of disputes, but the primary difference between them is: who decides the outcome of the dispute? In Mediation, the parties themselves, with the assistance and facilitation of the mediator, decide whether the dispute should be resolved and, if so, on what terms. In Arbitration, on the other hand, the parties agree to let someone else (either one arbitrator or a panel of arbitrators) decide the outcome of their dispute for them.

Unless the parties agree to mediate, only a court having jurisdiction over the parties can require parties to mediate.  Even when required to attend mediation, parties are not required to settle at mediation, although exploring such settlement is the principal reason for going to mediation.

In contrast, if two parties have previously agreed to arbitrate any dispute between them, then, under applicable federal law (the Federal Arbitration Act) and Florida statutes (the Florida Arbitration Code), a party who later declines to arbitrate can usually nonetheless be compelled to have the controversy resolved through arbitration.  Typically, this is done by sending the opposing party a demand for arbitration.  If the opposing party fails or declines to participate, then the party seeking to have the matter arbitrated will file a motion to compel arbitration in an appropriate state or federal  court.  9 U.S.C. §§ 4, 6; Fla. Stat. §682.03.  After the opposing party has been formally served with the motion, then a hearing is scheduled with the court, to determine whether there is a valid agreement to arbitrate.  If the court finds that such an agreement does exist, the court will enter an order compelling arbitration.  Id.  If the parties have specified a method for selecting and appointing an arbitrator or arbitrators, the court will usually direct the parties to use that method; otherwise, the court has authority to appoint arbitrators.  9 U.S.C. § 5; Fla. Stat. §682.04.

Another form of alternative dispute resolution, Early Neutral Evaluation is a process similar to (but less formal than) Arbitration, where one or both sides in a dispute ask a neutral third party (usually someone familiar and experienced in the subject matter at hand) to appraise the relative strengths and weaknesses of the legal claim(s) at issue. The process is best done early, before too much expense is invested in litigation: either before or shortly after suit is filed. Typically, such evaluations are then used to plan negotiation and litigation strategies.