Mediation provides a forum to resolve disputes in a less contentious environment than the courtroom. This effective alternative dispute resolution method encourages cooperation that preserves family and business relations and costs less than trial. David H. Walkowiak is a certified circuit civil court mediator who conducts mediations to resolve family, business and real estate conflicts and reach equitable agreements prior to and post lawsuit as well as by court order. Mediation can accomplish a better relationship between the two parties as well. They essentially have to work together to reach an agreement.
For many cases, especially family law issues mediation is the preferred method of resolution. Custody and divorce are the main topics of family law which can often be resolved using a mediator. This allows the parties to come to a compromise amongst themselves with the help of a third unbiased party instead of having the court decide during a trial or court hearing. Mediation typically takes place with the two parties or attorneys and mediator in one room. They will have the opportunity to express their concerns and state their point of view in regards to the case. The mediator is essentially in the middle and will suggest ways to solve the issues and concerns each party raises. It is however, up to both parties to come to a compromise and agreement. If one cannot be reached the case will continue on to be decided by the court.
Court mediation has several benefits including fewer court costs and quicker resolutions. Mediation can be court ordered or requested by your attorney. Depending on the case you may not have any mediation fees while others may have small fees associated. The court may require fees to be split evenly between both parties. Even though hiring a Wesley Chapel attorney is not necessary for mediation it is recommended because the mediator cannot give you legal advice on your case. Everything discussed during mediation is kept confidential. After mediation there will be three main outcomes. The first is that both parties agree to all terms on all issues. The agreement is then written and transferred to the judge for approval. Second, the parties might agree on some issues which will produce a written partial agreement while the court decides on the remaining issues. The third outcome is no agreement on any issue which will move your case on to be decided by the court.
As a certified Wesley Chapel court mediator, David H. Walkowiak has established a reputation for finding resolutions for difficult cases involving family matters, business conflicts and real estate conflicts. He works to reach equitable resolutions pre and post-lawsuit as well as through court order. If you are looking at mediation as an alternative to a lengthy court case, DHW Law, P.A. can discuss your options during a consultation. You can contact us by phone or by using our online contact form.