Non-legal mediators are not allowed to give legal advice. Therefore, it is important that the non-legal mediator avoids discussing the nuances of the law with clients. All types of mediators must know their limits professionally, legally and personally. A mediator should not disclose confidential information without the permission of all parties or without any law, court order or other legal authority. A mediator may not use confidential information obtained during mediation to obtain a personal benefit or a benefit to others or to harm the interests of others. If the mediation is conducted in accordance with rules or laws requiring the disclosure of certain information, a mediator should inform the parties before the mediation session begins. In addition, mediator`s notes, submissions of the parties and other documents containing confidential or otherwise sensitive information should be kept in a reasonably secure location and may be destroyed 90 days after the end of the mediation or earlier if all parties request or agree to do so. In cases where the mediator is not appointed by the judge, you may consider a number of factors when choosing a mediator, including the mediator`s mediation background, training and experience or your type of case. You can also take into account the fees that the mediator proposes to charge. See also question 9. By agreeing to submit a dispute to WIPO mediation, the parties adopt the WIPO Mediation Rules as part of their mediation agreement. These rules have the following main functions: at the first meeting, the mediator will also discuss with the parties the additional documents to be provided by each and the required expert assistance, unless these issues have already been dealt with in the first contacts between the mediator and the parties.
Co-mediation as a tool has proven to be an additional enrichment and promotion of the collaborative mediation environment. The parties benefit from different skills and perspectives, and mediators are able to have a “twinning system style” to conduct negotiations and go through the mediation process together. Everyone wins. The other party has chosen the mediator – do I have to agree? The parties should work together to choose a mediator. If you are unable to agree on the choice of a mediator, the judge will choose a mediator certified by the Florida Supreme Court for you. If you object to the mediator requested by the other party or appointed by the court, there are procedures to deal with your objection. If the parties are unable to reach an agreement, the court will make the final decision. Court-ordered mediation should begin with an introduction by the mediator, in which the process and role of the mediator are explained.
Among other things, it is the mediator who must declare that it is the parties who make the decisions, not the mediator. The mediator`s presentation is usually followed by an opportunity for you and the other party to describe your concerns. If your lawyer is with you during mediation, these opening remarks can be made by you, your lawyer or both of you. After these first procedures, the way in which mediation is conducted varies. The mediator will usually meet with both parties to discuss issues that will help you resolve your disputes. The mediator may also meet privately with any party. This separate meeting is called a caucus. In general, unless you give the mediator permission to repeat what you say to caucus, he is generally prohibited from sharing what has been discussed.
Mediation is neither a process nor an arbitration. In a trial, the parties present evidence and arguments for a judge or jury to decide the outcome of the dispute. Similarly, in arbitration, the parties present evidence and arguments so that an arbitrator or arbitration panel decides on the outcome of a dispute. In mediation, the mediator assists the parties when they talk about their dispute to help them find and explore mutually acceptable solutions to their dispute. If you reach an agreement in mediation, you do not have to go to court or arbitration. However, it should be noted that the competence of mediators appointed under the WIPO Mediation Rules to deal with different categories of subject matter is not limited.