The role of mediation in the court system was the topic at a judicial panel discussion and CLE program presented by the Jacksonville Bar Association on Feb. 7 at the Duval County Courthouse.
The panel comprised Circuit Judges Bruce Anderson, G.L. Feltel Jr., John Guy, Maureen Horkan and Virginia Norton.
Certified Circuit Court Mediator Steven Gard, chair of the JBA Alternative Dispute Resolution Committee, moderated the discussion.
Civil and family law mediation presents the opportunity for people to resolve their disputes among themselves and avoid a trial and verdict.
The parties on each side of the issue sit down with a third party – often called a “neutral” – and attempt to work out a solution that can be acceptable to both sides. That allows them to avoid handing over their fate to a judge and a jury at a trial.
Mediation can be the last chance for the parties to have control over the outcome and in the 4th Circuit, giving it a try is required.
“All cases are sent to mediation at least once. Some cases, I send them back,” Anderson said.
The right time to begin mediation is after the litigants on both sides have prepared most of their evidence.
“I rely on the parties to have an adequate amount of work done to settle. It is unproductive to sit with a mediator if the work is not done,” Feltel said.
When choosing a mediator, the parties involved can agree who will guide them through the process. When that doesn’t happen, it is up to the judge.
“If they can’t agree, they provide the court three names and I pick one of the three,” Anderson said.
Circuit Judge Virginia Norton said that judges should be familiar with the people who are offering their services for mediation.
However, judges may not advocate for a business, so she has a way to remain neutral if she has to select a mediator for disputing parties.
“Sometimes, I put the names in a hat and pick one,” Norton said.
Another advantage to mediation is that it may help someone who is not familiar with the legal system, particularly people who are representing themselves without counsel from an attorney, be more comfortable with the process.
“It is important for a litigant to trust the mediator when they may not trust the judicial system or attorneys. It is a balance,” Horkan said.
A question faced by litigants is whether to mediate the dispute in person or remotely.
“I leave it to the mediator and the parties to decide Zoom or in-person. I tend to think in-person is more effective in family law,” Guy said.
The JBA offers a schedule of CLE opportunities in all areas of law. Visit jaxbar.org and click on “Calendar” to view events.