E-Mediation
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Why Mediate?
Most adults have experienced conflicts and disputes with others in which the availability of a good listener could have saved or improved an important relationship. Mediation is a facilitated social process in which a third party assists those in a dispute to arrive at an agreed upon resolution. The process may be more or less formal and structured to ensure parties to a conflict hear both sides of a dispute. Mediation is often available in neighborhoods and housing projects as a service to the public. Mediation has been used to settle international border disputes, disputes between environmentalists and ranchers, and is often required in a legal system to reduce the number of civil trials. |
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Since the 1970’s, courts in Florida have depended upon trained and certified mediators to assist parties to resolve disputes. These court ordered mediations assist county and circuit judges by assisting parties to conclude a dispute without the necessity of a formal trial. Florida Supreme Court certified mediators are bound by ethical rules of conduct and follow statutory requirements.
Why E-Mediate?
Mediations may be conducted person-to-person in a confidential setting, using a telephone between parties, or virtually using ZOOM or some other electronic platform. E-Mediation using a ZOOM Internet connection is convenient and cost effective. By not physically meeting in-person, parties in a dispute are saving travel time and not having to pay the cost of renting one or more rooms at a mediation office.
E-Mediations are just as effective as in-person with a mediator. Parties in a dispute may mediate with or without an attorney present, carry on conversations in a normal speaking voice, view others in the mediation in real time, exchange and sign documents. A mediator uses the same interpersonal methods whether in a face-to-face or virtual mediation.
Mediations may be conducted person-to-person in a confidential setting, using a telephone between parties, or virtually using ZOOM or some other electronic platform. E-Mediation using a ZOOM Internet connection is convenient and cost effective. By not physically meeting in-person, parties in a dispute are saving travel time and not having to pay the cost of renting one or more rooms at a mediation office.
E-Mediations are just as effective as in-person with a mediator. Parties in a dispute may mediate with or without an attorney present, carry on conversations in a normal speaking voice, view others in the mediation in real time, exchange and sign documents. A mediator uses the same interpersonal methods whether in a face-to-face or virtual mediation.
What to Expect in E-Mediation?
Each party will receive a notice of engagement stating date and time for mediation. The notice will include a link to click for access to ZOOM. The mediator will introduce parties, provide a short opening statement that focuses on confidentiality, consensual agreements, and impartiality. Each party will have an opportunity to state a preferred outcome and state any relevant background information.
All parties in mediation profess a good faith intention to negotiate honestly and to consider offers to settle disputes. Parties in mediation are expected to have full authority to negotiate a complete settlement. Parties are expected to be respectful of each other, to not speak over each other or raise their voices, and be respectful of the mediation process. Agreements will be written and reviewed by the all parties before signing.
Although improvements in technology have improved reliability, E-Mediations conducted on the Internet may occasionally falter or connections may fail. Such occurrences are rare and parties are asked to allow the mediator to rectify such problems as quickly as possible. Parties using ZOOM or other virtual platform in mediation are assured that security is of upmost concern for the parties. All reasonable precautions to protect the security all parties in mediation are provided by the mediator.
Each party will receive a notice of engagement stating date and time for mediation. The notice will include a link to click for access to ZOOM. The mediator will introduce parties, provide a short opening statement that focuses on confidentiality, consensual agreements, and impartiality. Each party will have an opportunity to state a preferred outcome and state any relevant background information.
All parties in mediation profess a good faith intention to negotiate honestly and to consider offers to settle disputes. Parties in mediation are expected to have full authority to negotiate a complete settlement. Parties are expected to be respectful of each other, to not speak over each other or raise their voices, and be respectful of the mediation process. Agreements will be written and reviewed by the all parties before signing.
Although improvements in technology have improved reliability, E-Mediations conducted on the Internet may occasionally falter or connections may fail. Such occurrences are rare and parties are asked to allow the mediator to rectify such problems as quickly as possible. Parties using ZOOM or other virtual platform in mediation are assured that security is of upmost concern for the parties. All reasonable precautions to protect the security all parties in mediation are provided by the mediator.
Requirements to E-Mediate
Parties in E-Mediation must have a reliable desk top computer, tablet, or iPhone connection to the Internet. Maintaining confidentiality is a cornerstone of mediation. Each party may be assigned a secure virtual “room” for private conferences with the mediator. The mediation process may not be recorded and no one other than a legal representative may be with his or her client. A party may wish to speak privately with the mediator, or the mediator may speak privately with either party at any time during mediation. If represented by counsel, a request to caucus privately with his or her client will be honored.
Parties in E-Mediation must have a reliable desk top computer, tablet, or iPhone connection to the Internet. Maintaining confidentiality is a cornerstone of mediation. Each party may be assigned a secure virtual “room” for private conferences with the mediator. The mediation process may not be recorded and no one other than a legal representative may be with his or her client. A party may wish to speak privately with the mediator, or the mediator may speak privately with either party at any time during mediation. If represented by counsel, a request to caucus privately with his or her client will be honored.
Cost to E-Mediate
Sample & Associates LLC charges US $150 per hour and has a 2-hour minimum for court ordered circuit civil mediations. Small claims court ordered mediations are $150 hour and has a 1 hour minimum. Charges are the same for court ordered and private mediations.
Unless otherwise agreed, parties are expected to split mediation fees evenly. Each party will be invoiced within 48 hours of a concluded mediation and payment is expected upon receipt of invoice. Late fees are assessed on unpaid invoices of 30 or more days.
Sample & Associates LLC charges US $150 per hour and has a 2-hour minimum for court ordered circuit civil mediations. Small claims court ordered mediations are $150 hour and has a 1 hour minimum. Charges are the same for court ordered and private mediations.
Unless otherwise agreed, parties are expected to split mediation fees evenly. Each party will be invoiced within 48 hours of a concluded mediation and payment is expected upon receipt of invoice. Late fees are assessed on unpaid invoices of 30 or more days.
Types of Cases E-Mediated
Dr. Sample focuses on mediations in nursing homes and assisted living facilities (ALF’s). He is currently a Florida Supreme Court certified mediator and certified ombudsman for the Florida Department of Elder Affairs, Long Term Care Program.
Dr. Sample focuses on mediations in nursing homes and assisted living facilities (ALF’s). He is currently a Florida Supreme Court certified mediator and certified ombudsman for the Florida Department of Elder Affairs, Long Term Care Program.
- Unpaid debts by residents to facility or monies owed to resident by facility or others
- Disputes between residents and facilities regarding quality of care, abuse, neglect, etc.
- Disputes between residents and other residents and others, including family members
WHERE TO FIND US
Want to schedule a mediation or discuss services? Call, mail, or complete the contact form.