Chapter 44 (Section 44.1011 (2), Florida Statutes defines mediation as "a process whereby a neutral third person called a mediator acts to encourage and facilitate resolution of a dispute between two or more parties. It is an informal and non-adversarial process carried out with the objective of helping the disputing parties reach a mutually acceptable and voluntary agreement. In mediation, decision making authority rests with the parties. The role of the mediator includes, but is not limited to, assisting ther parties in identifying issues, fostering joint problem solving, and exploring settlement alternatives."

Mediation is an informal process. The mediator sets the ground rules with an opening statement and opens the channels of communication usually lost. The parties will follow the guidelines set forth by the mediator. The mediator's opening statement instructs the parties to be respectful of one another. Each party will have an equal opportunity to speak to the issues brought to the mediation table. The mediator has no decision making power. The mediator may provide information and options, but the final decision rests with the participants.

                                                                                              

Mediation is about your interest and position in a conflict, not about your rights. Mediation is faster, less expensive, simpler and private. You are in a unique position of control  during the mediation process.   You can decide your own fate in the mediation room. If you and the opposing party come to an impasse, the case is then referred to the judge. Anything can happen at this point. The judge takes your decsion making power from you and decides for you how to settle your case.

Mediation is future oriented so future events and processes can be addressed. Since the participants control the outcome in mediation there is a higher degree of compliance to mediate settlements then to judicial decisions.

Mediation is the only process of dispute resolution with the goal of empowering the parties to self-determination.