Question 1

What is a Florida Supreme Court Certified Mediator?

Accepted Answer

A Florida Supreme Court Certified Mediator has met the rigorous training, experience, and ethical
requirements established by the Florida Supreme Court's Dispute Resolution Center. Certification is
required to mediate cases in Florida's court system. There are different levels of certification: County Court, Family, Circuit, and Dependency. Charles "Trip" Bechert III holds Circuit and Family Court certifications, the highest levels available for civil and family matters. This certification ensures parties that their mediator has met Florida's highest standards for competence and ethics.

Question 2

Is mediation required in Florida before I can go to trial?

Accepted Answer

Mediation is not automatically required in every Florida case. A court may refer a civil or family dispute to mediation, and local procedures or a case-management order may require mediation before trial. Whether it applies depends on the type of case, the court, and the circumstances; some matters may be excluded or found unsuitable. If mediation does not resolve every issue, the unresolved matters may continue through the court process.

Question 3

What happens at a mediation session in Florida?

Accepted Answer

A typical mediation session begins with an opening statement from the mediator explaining the
process and ground rules. Each party (or their attorney) may then present a brief overview of their
position. The mediator typically meets with the parties jointly and in separate private sessions (called caucuses) to explore settlement options and facilitate negotiation. Sessions typically last three to eight hours. If an agreement is reached, it is reduced to writing and signed at the session, making it immediately binding.

Question 4

Is mediation confidential in Florida?

Accepted Answer

Yes. Mediation in Florida is confidential by statute (Section 44.405, Florida Statutes). What is said
during mediation cannot be used as evidence in court. The mediator cannot be called as a witness.
Settlement agreements reached in mediation are not confidential, but the statements made during the session are. This confidentiality encourages frank, open discussion that would not otherwise be
possible in a formal court setting.

Question 5

How much does mediation cost in Florida?

Accepted Answer

Mediation costs depend on the mediator’s fee structure, the length and complexity of the session, preparation time, and any court program that applies. The parties may agree to divide the fee, or a court order may allocate it differently. Ask for the mediator’s written rates, cancellation terms, and payment arrangements before the session. Mediation can reduce litigation expense when it resolves some or all issues, but no particular savings or outcome can be promised.

Question 6

Can I use mediation to resolve a family inheritance dispute?

Accepted Answer

Yes. Mediation is highly effective for inheritance disputes, will contests, and trust disagreements,
particularly where the parties have ongoing family relationships they wish to preserve. Litigation of
these matters is public, expensive, and often permanently damaging to family bonds. Mediation offers a private forum where families can reach fair agreements while preserving relationships that litigation would destroy.

Question 7

What is the difference between mediation and arbitration in Florida?

Accepted Answer

In mediation, the mediator facilitates negotiation, the parties retain control and must agree to any
resolution. In arbitration, the arbitrator (acting like a private judge) hears evidence and issues a binding or non-binding decision. Mediation preserves party control over the outcome; arbitration cedes that control to the arbitrator. For most disputes, mediation is preferred because it allows the parties to craft creative solutions that a court cannot order. Arbitration is often used when parties have agreed to it in a contract.

Question 8

What if mediation is unsuccessful?

Accepted Answer

If mediation is unsuccessful, the case proceeds normally through the court system. No party is
penalized for failing to reach a mediated agreement, and statements made during mediation cannot be used in court. Many cases that do not fully settle at mediation reach partial agreements that narrow the issues for trial, reducing time, cost, and uncertainty even when full settlement is not achieved.

Question 9

Can mediation be conducted online or by Zoom in Florida?

Accepted Answer

Yes. Florida courts and mediators widely accept virtual mediation conducted via Zoom, Microsoft
Teams, or similar video platforms. Virtual mediation has proven just as effective as in-person mediation for most types of disputes and offers significant convenience advantages, eliminating travel, reducing scheduling challenges, and allowing participation from anywhere. Bechert & Associates offers fully virtual mediation sessions for all matter types.

Question 10

Who should I choose as a mediator?

Accepted Answer

Choose a Florida Supreme Court Certified Mediator with relevant experience in your type of dispute.
For civil matters, look for a mediator with trial experience, someone who understands how courts
evaluate cases and can accurately assess the risk and value of going to trial. For family matters, a
mediator who is also a family law attorney brings essential subject matter knowledge. Avoid mediators who simply facilitate conversation without understanding the legal landscape. Trip Bechert's combination of Supreme Court certification, 30 years of trial experience, and full-service legal background makes him one of South Florida's most qualified mediators.

Question 11

Where can I find a divorce mediator in Pompano Beach?

Accepted Answer

If you are going through a divorce in Pompano Beach and want to resolve disagreements without turning every issue into a courtroom battle, divorce mediation may be an option worth considering.Bechert & Associates, P.A., located in Pompano Beach, provides mediation and family law services for individuals and families throughout Broward County and South Florida.Charles “Trip” Bechert III is a Florida Supreme Court Certified Mediator and an experienced Florida attorney.What Does a Divorce Mediator Do?A mediator is a neutral third party who helps both sides communicate, identify the issues that need to be resolved, and work toward an agreement.In a Florida divorce, mediation may involve issues such as:Division of marital property and debtsAlimonyParenting plansTime-sharingChild supportThe marital homeRetirement accounts and other financial assetsOther disputed terms of the divorceUnlike a judge, a mediator does not decide who “wins.”The goal is to help both parties explore possible solutions and determine whether they can reach an agreement without requiring the court to decide every disputed issue.Why Consider Mediation for a Divorce?Divorce litigation can become expensive, stressful, and time-consuming.Mediation gives the parties an opportunity to participate directly in resolving their disagreements rather than leaving every decision to a judge.When successful, mediation may help:Reduce conflictResolve disputes more efficientlyLimit litigation expensesKeep negotiations more privateGive both spouses greater input into the final resolutionCreate workable agreements concerning children, finances, and propertyEven if every issue cannot be resolved, mediation may still help narrow the disagreements that remain.When Should I Contact a Divorce Mediator?You may want to consider mediation if you and your spouse agree that the marriage should end but disagree about some of the details.You can also mediate when a divorce case has already been filed.Mediation can be particularly useful when both parties want to find a resolution but need a neutral professional to help move negotiations forward.How Do I Choose a Divorce Mediator in Pompano Beach?Divorce involves much more than simply negotiating a dollar amount.Family law mediation can involve children, parenting schedules, real estate, businesses, retirement accounts, support obligations, and other issues that may have long-term consequences.When choosing a mediator, consider asking about the mediator's:Florida mediation credentialsExperience with divorce and family law mattersLegal backgroundApproach to resolving high-conflict disputesAvailability for in-person or virtual mediationMost importantly, look for someone who can remain neutral while keeping negotiations productive and focused on reaching a resolution.Divorce Mediation in Pompano BeachBechert & Associates, P.A. provides mediation services from our Pompano Beach office and serves clients throughout Broward County and South Florida.Charles “Trip” Bechert III is a Florida Supreme Court Certified Mediator and attorney with decades of legal experience.Mediation appointments can be arranged in person, by phone, or via Zoom, depending on the circumstances.Ready to See If Your Divorce Can Be Resolved Through Mediation?You don't necessarily have to turn every disagreement into a court battle.Let us help you determine whether mediation may be appropriate for your situation.Call Bechert & Associates, P.A. at 954-941-8363 or visit SouthFloridaAttorney.com to inquire about scheduling a divorce mediation.Bechert & Associates, P.A.901 E. Atlantic Blvd.Pompano Beach, Florida 33060This information is provided for general educational purposes only and is not legal advice. Mediation may not be appropriate for every divorce or family law matter.

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