What happens if an agreement is not reached at a mediation hearing?

If an agreement is not reached during a mediation hearing, the parties to the dispute will return to court. In Florida, an agreement reached at mediation is not legally binding unless the parties sign a document called a mediation settlement agreement. This document is created at the conclusion of mediation, which would state the terms of the agreement and that it was made freely and voluntarily. If the parties do not reach an agreement, then they must return to court and continue the dispute resolution process through litigation. In Florida, the court can order the parties to attend one or more additional mediation hearings if the parties cannot resolve their issues. The court may also refer the parties to arbitration, which is similar to mediation but is usually conducted by a third-party arbitrator who will issue a binding decision. Another option is for the court to refer the parties to a settlement conference, which is a hearing held before a judge who will attempt to facilitate settlement talks between the parties. If an agreement is still not reached, the court can set the matter for a trial. It is important for all parties to keep in mind that mediation is an opportunity to resolve a dispute without having to go through a trial. It is important to remain flexible and open to compromise during the mediation process in order to reach an agreement. If you have any questions about settlement options or alternative dispute resolution law in Florida, you should consult a qualified attorney for advice.

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