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The Advantages and Disadvantages of Mediation in an Orlando, Florida Area Guardianship Case

Are you currently a party in an Orlando, Florida Area Guardianship Case? Are you contemplating whether Mediation would be worthwhile in your case? Here are some things to think about before you make your decision about whether you should attend Mediation. 

Advantages of Mediation in an Orlando, Florida Guardianship case:

1. The Mediator is not a party to the case, he/she is an independent facilitator of discussion and resolution of the parties’ differences or controversy. 
2. In Mediation, the clients are the “decision makers”. The Mediator helps the clients discuss concerns but cannot make decisions. 
3. Mediations are private, and with few exceptions, confidential. If Mediation is court-ordered or conducted by a certified mediator, there are laws and rules that require confidentiality. Although not required, sometimes the mediator may ask the parties to state in writing that they will keep everything confidential. A signed mediated settlement agreement is not confidential unless the parties agree it will be confidential and the law allows the agreement to be confidential. 
4. If the clients reach an agreement in Mediation, that agreement must be put into writing and signed by the parties. The written agreement becomes a legally binding document (contract), which is enforceable by the court. 
5. Since Mediation is a discussion and direct negotiation between parties, it can be much more cost-effective than protracted litigation. 

The Disadvantages of Mediation in an Orlando Area Guardianship Case are as follows

1. Mandatory time frames in Guardianship cases are short and would have to be affirmatively waived to allow for the mediation process
2. The Court must find by clear and convincing evidence that the person is incapacitated.   Can the Alleged Incapacitated Person take that decision out of the court’s hands and contractually agree in the Mediation Agreement to Incapacity?
3. Even if ordered by the Court, Mediation is a voluntary process where there is no requirement that resolution be reached. 
4. Except in certain cases where dismissal of the case is part of the Mediated Settlement Agreement, the Court must approve certain aspects of the Mediation Settlement Agreement. The selection of the Guardian is subject to the underlying statutory qualifications of the Guardian. 

If you have more questions regarding a Guardianship Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation. You may also visit my website at: https//:www.AnnMarieGildenLaw.com

This article is for informational purposes only; and it does not form an attorney client privilege.