Ms. Fair has been certified by the Supreme Court of Florida as a County and Circuit Court Mediator since 2003.  A mediator is a person who is impartial and who assists disputing parties to have a more open, non-adversarial dialogue with the ultimate goal of reaching a resolution that is memorialized in writing.  A mediator has no authority to impose a resolution or adjudicate any aspect of the dispute but, rather, is an unbiased person who facilitates communication between parties to a dispute.  To be certified as a county and circuit court mediator, a person must meet certain age requirements and be of good moral character.  Additionally, educational requirements must be met as well as the successful completion of Florida Supreme Court certified county court and circuit court mediation training programs.  The applicant must also complete education/mediation experience and mentorship.  (Rules 10.100 and 10.110 of the Florida Rules for Certified and Court-Appointed Mediators).    

Now more than ever, with the backlog of lawsuits and court orders requiring parties to participate in non-binding arbitration, it is important to exhaust efforts to resolve disputes and to participate in mediation.  “Mediation is a process whereby a neutral and impartial third person acts to encourage and facilitate the resolution of a dispute without prescribing what it should be. It is an informal and non-adversarial process intended to help disputing parties reach a mutually acceptable agreement.”  (Rule 10.210 of the Florida Rules for Certified and Court-Appointed Mediators)

Mediation provides an excellent opportunity for you to choose someone who is knowledgeable regarding your type of case.  Some factors to consider are the mediator’s education, experience, certifications, and other credentials so that valuable time is not wasted at mediation explaining basic information to the mediator.  An additional factor to consider is whether the mediator is a Florida Supreme Court certified county and/or circuit court mediator.  Usually, when you have your mediation conducted by a certified mediator (as opposed to a mediator who is not certified), the rules of confidentially automatically apply.   

There are many advantages to mediation.  Mediation provides you an opportunity to speak with the other party in an informal, private manner and with an impartial person present.  Oftentimes, this will be your only opportunity to have this conversation with the assistance of a mediator who can help the parties overcome the obstacles previously encountered that prevented a resolution.  The parties to the dispute are the decision-makers so no one will impose any decisions on you and you can possibly agree on creative or flexible terms that are not available if your dispute was resolved by a judge or jury after a trial.  If a resolution is reached, you will avoid the time and expense of litigation; you will have a written, enforceable agreement; and you may even be able to rehabilitate the relationship.  If a resolution is not reached, at least you will likely leave mediation with a better understanding of the issues, problems, and alternatives.

Please contact Ms. Fair at amf@fairconstructionliens.com to schedule a mediation or to request a copy of her CV.