Are there any risks of using mediation?

Yes, there are risks associated with using mediation in the state of Florida. Mediation is a process of non-binding dispute resolution where parties attempt to resolve their dispute without going to trial. In this process, a mediator, who is a neutral third-party, hears each side’s arguments and attempts to help the parties reach a mutually agreeable outcome. One of the main risks of using mediation in Florida is that the agreement reached during the mediation process may not be legally binding, meaning one or both sides may have a legal right to take the other side to court and seek a resolution. In addition, due to the informal nature of the process, there may be confusion as to the rights and obligations of each party. Also, due to the informal atmosphere, both parties may be more likely to be pressured into sacrificing certain legal rights without the issue being fully discussed and properly understood. There is also a risk that the mediator may favor one side over the other, or use one-sided tactics to reach an agreement that may not be in either parties’ best interests. Finally, by entering into mediation, the parties may be forfeiting their right to a jury trial, which can be an important part of a legal dispute. Thus, any decision reached through mediation may be difficult to modify or reverse if the agreement is not satisfactory to all parties involved. Due to these risks, it is always important to speak to an attorney before entering into mediation in order to fully understand the process and the potential rewards and risks of using mediation in Florida.

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