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Do the parties always meet together in mediation, or can they meet separately?

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Parties can meet both separately or together at mediation. Typically, you’ll see in circuit civil mediations, the parties will meet together at the beginning. This gives both the attorneys or the parties an opportunity to give an opening statement. In family mediations, you may see that the parties start separately. This gives the mediator to assess the parties and see whether or not it’s appropriate for the parties to meet together. However, if the parties do meet together in either circumstances, you will typically see that the parties will eventually caucus. That means that the parties will then meet with their attorneys privately and the mediator. You may then stay separated or you may reconvene at any given time.

Schedule a Mediation

Jean M. Dwyer | 386-871-4438 | 170 E. Granada Blvd., Ormond Beach, Florida 32176

Jean M. Dwyer is a Certified Family and County Court Mediator, Certified Circuit Court Mediator and an approved Appellate Court Mediator. Jean Dwyer graduated from Stetson University College of Law in 1990 and was admitted to the Florida Bar in 1991. From 2000 to 2006 Ms. Dwyer served as the General Magistrate and Child Support Hearing Officer in the Seventh Judicial Circuit covering Volusia, Flagler, Putnam and St. Johns County. Her duties as a General Magistrate involved presiding over Family Law and Dependency matters. Prior to being appointed the General Magistrate she served as a Civil Traffic Infraction Hearing Officer. Since 2008 Ms. Dwyer has served as the Special Master in Code Enforcement Hearings for the City of Ormond Beach and presently serves as the Chair for the Ormond Beach Neighborhood Improvement Advisory Board.

Can I bring an attorney to a mediation?

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You can bring an attorney to mediation with you. It is encouraged that if you do have an attorney representing you that your attorney come with you to mediation. If you don’t have an attorney representing you, it is a good idea to potentially get legal advice before coming to mediation because the mediator is unable to provide you legal advice.

Schedule a Mediation

Jean M. Dwyer | 386-871-4438 | 170 E. Granada Blvd., Ormond Beach, Florida 32176

Jean M. Dwyer is a Certified Family and County Court Mediator, Certified Circuit Court Mediator and an approved Appellate Court Mediator. Jean Dwyer graduated from Stetson University College of Law in 1990 and was admitted to the Florida Bar in 1991. From 2000 to 2006 Ms. Dwyer served as the General Magistrate and Child Support Hearing Officer in the Seventh Judicial Circuit covering Volusia, Flagler, Putnam and St. Johns County. Her duties as a General Magistrate involved presiding over Family Law and Dependency matters. Prior to being appointed the General Magistrate she served as a Civil Traffic Infraction Hearing Officer. Since 2008 Ms. Dwyer has served as the Special Master in Code Enforcement Hearings for the City of Ormond Beach and presently serves as the Chair for the Ormond Beach Neighborhood Improvement Advisory Board.

Can I be ordered into mediation?

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You can be ordered into mediation. Currently, our courts are favored towards mediation because they do believe it has a very good success rate, so you will see courts more likely ordering parties into mediation before trial.

Schedule a Mediation

Jean M. Dwyer | 386-871-4438 | 170 E. Granada Blvd., Ormond Beach, Florida 32176

Jean M. Dwyer is a Certified Family and County Court Mediator, Certified Circuit Court Mediator and an approved Appellate Court Mediator. Jean Dwyer graduated from Stetson University College of Law in 1990 and was admitted to the Florida Bar in 1991. From 2000 to 2006 Ms. Dwyer served as the General Magistrate and Child Support Hearing Officer in the Seventh Judicial Circuit covering Volusia, Flagler, Putnam and St. Johns County. Her duties as a General Magistrate involved presiding over Family Law and Dependency matters. Prior to being appointed the General Magistrate she served as a Civil Traffic Infraction Hearing Officer. Since 2008 Ms. Dwyer has served as the Special Master in Code Enforcement Hearings for the City of Ormond Beach and presently serves as the Chair for the Ormond Beach Neighborhood Improvement Advisory Board.

Are mediation rules flexible or rigid?

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Mediation rules are both flexible and rigid. There are some rules that must be complied with during mediation. An example of that is confidentiality. What happens during the mediation and negotiations are confidential. That is a strict rule absent some exceptions that are set forth in Florida statute.

But we are also flexible in that we don’t have to be tied to a certain amount of time. There’s a very comfortable nature of the mediation. We get to have more of a conversation. This is not a trial. This is something that is there for you all to talk and discuss and figure out how you’d like to resolve your case.

Schedule a Mediation

Jean M. Dwyer | 386-871-4438 | 170 E. Granada Blvd., Ormond Beach, Florida 32176

Jean M. Dwyer is a Certified Family and County Court Mediator, Certified Circuit Court Mediator and an approved Appellate Court Mediator. Jean Dwyer graduated from Stetson University College of Law in 1990 and was admitted to the Florida Bar in 1991. From 2000 to 2006 Ms. Dwyer served as the General Magistrate and Child Support Hearing Officer in the Seventh Judicial Circuit covering Volusia, Flagler, Putnam and St. Johns County. Her duties as a General Magistrate involved presiding over Family Law and Dependency matters. Prior to being appointed the General Magistrate she served as a Civil Traffic Infraction Hearing Officer. Since 2008 Ms. Dwyer has served as the Special Master in Code Enforcement Hearings for the City of Ormond Beach and presently serves as the Chair for the Ormond Beach Neighborhood Improvement Advisory Board.

Can I request mediation during my appeal?

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You can request mediation during your appeal. However, it is up to the appellate judges whether or not a case is appropriate for mediation. Typically, the appellate court will ask the other side if they are agreeable to mediation. The appellate court will then make a decision on whether or not mediation is appropriate. However, if your case is in the Fifth District Court of Appeals, there’s a special program there, where the court may on its own motion refer a case to mediation.

Schedule a Mediation

Jean M. Dwyer | 386-871-4438 | 170 E. Granada Blvd., Ormond Beach, Florida 32176

Jean M. Dwyer is a Certified Family and County Court Mediator, Certified Circuit Court Mediator and an approved Appellate Court Mediator. Jean Dwyer graduated from Stetson University College of Law in 1990 and was admitted to the Florida Bar in 1991. From 2000 to 2006 Ms. Dwyer served as the General Magistrate and Child Support Hearing Officer in the Seventh Judicial Circuit covering Volusia, Flagler, Putnam and St. Johns County. Her duties as a General Magistrate involved presiding over Family Law and Dependency matters. Prior to being appointed the General Magistrate she served as a Civil Traffic Infraction Hearing Officer. Since 2008 Ms. Dwyer has served as the Special Master in Code Enforcement Hearings for the City of Ormond Beach and presently serves as the Chair for the Ormond Beach Neighborhood Improvement Advisory Board.

What appellate cases are eligible for mediation?

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Appellate cases that are eligible for mediation are cases that you’re appealing where a final order was reached in a circuit civil courtroom or in a family law case. Those cases can then be referred for mediation.

Schedule a Mediation

Jean M. Dwyer | 386-871-4438 | 170 E. Granada Blvd., Ormond Beach, Florida 32176

Jean M. Dwyer is a Certified Family and County Court Mediator, Certified Circuit Court Mediator and an approved Appellate Court Mediator. Jean Dwyer graduated from Stetson University College of Law in 1990 and was admitted to the Florida Bar in 1991. From 2000 to 2006 Ms. Dwyer served as the General Magistrate and Child Support Hearing Officer in the Seventh Judicial Circuit covering Volusia, Flagler, Putnam and St. Johns County. Her duties as a General Magistrate involved presiding over Family Law and Dependency matters. Prior to being appointed the General Magistrate she served as a Civil Traffic Infraction Hearing Officer. Since 2008 Ms. Dwyer has served as the Special Master in Code Enforcement Hearings for the City of Ormond Beach and presently serves as the Chair for the Ormond Beach Neighborhood Improvement Advisory Board.

Is the appellate process stayed during the mediation process?

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If your case is referred to mediation during an appeal, your appeal is then stayed. What this means is that once the request for a mediation is made, the court will then stay or toll the time for any of the pleadings to be filed with the court. If mediation is granted during an appeal, then the appellate process is stayed. In the Fifth District Court of Appeals, you have 45 days in which to complete your mediation. You are able to request an extension of that time if your mediation cannot be completed, but during the time that the mediation is pending, all responsive pleadings are stayed.

Schedule a Mediation

Jean M. Dwyer | 386-871-4438 | 170 E. Granada Blvd., Ormond Beach, Florida 32176

Jean M. Dwyer is a Certified Family and County Court Mediator, Certified Circuit Court Mediator and an approved Appellate Court Mediator. Jean Dwyer graduated from Stetson University College of Law in 1990 and was admitted to the Florida Bar in 1991. From 2000 to 2006 Ms. Dwyer served as the General Magistrate and Child Support Hearing Officer in the Seventh Judicial Circuit covering Volusia, Flagler, Putnam and St. Johns County. Her duties as a General Magistrate involved presiding over Family Law and Dependency matters. Prior to being appointed the General Magistrate she served as a Civil Traffic Infraction Hearing Officer. Since 2008 Ms. Dwyer has served as the Special Master in Code Enforcement Hearings for the City of Ormond Beach and presently serves as the Chair for the Ormond Beach Neighborhood Improvement Advisory Board.

Why use mediation if we are unable to agree?

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Most people come to mediation because they are unable to agree. They are looking to the special talents of the mediator, and the experience of the mediator to assist them in reaching an agreement. Sometimes, emotions are high between the parties and they are unable to communicate with each other clearly. That is where a mediator comes in, and will take the emotion out, and help the parties focus on the issues, and negotiate as best to reach their goals.

Schedule a Mediation

Jean M. Dwyer | 386-871-4438 | 170 E. Granada Blvd., Ormond Beach, Florida 32176

Jean M. Dwyer is a Certified Family and County Court Mediator, Certified Circuit Court Mediator and an approved Appellate Court Mediator. Jean Dwyer graduated from Stetson University College of Law in 1990 and was admitted to the Florida Bar in 1991. From 2000 to 2006 Ms. Dwyer served as the General Magistrate and Child Support Hearing Officer in the Seventh Judicial Circuit covering Volusia, Flagler, Putnam and St. Johns County. Her duties as a General Magistrate involved presiding over Family Law and Dependency matters. Prior to being appointed the General Magistrate she served as a Civil Traffic Infraction Hearing Officer. Since 2008 Ms. Dwyer has served as the Special Master in Code Enforcement Hearings for the City of Ormond Beach and presently serves as the Chair for the Ormond Beach Neighborhood Improvement Advisory Board.

When should I choose mediation?

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Mediation is always a good option at any type of case. Mediation can occur in circuit civil cases, family law cases and even in appellate cases. Mediation is a great option that will take some stress out of your life if you’re able to settle. It would also save you some money and time at trial.

Schedule a Mediation

Jean M. Dwyer | 386-871-4438 | 170 E. Granada Blvd., Ormond Beach, Florida 32176

Jean M. Dwyer is a Certified Family and County Court Mediator, Certified Circuit Court Mediator and an approved Appellate Court Mediator. Jean Dwyer graduated from Stetson University College of Law in 1990 and was admitted to the Florida Bar in 1991. From 2000 to 2006 Ms. Dwyer served as the General Magistrate and Child Support Hearing Officer in the Seventh Judicial Circuit covering Volusia, Flagler, Putnam and St. Johns County. Her duties as a General Magistrate involved presiding over Family Law and Dependency matters. Prior to being appointed the General Magistrate she served as a Civil Traffic Infraction Hearing Officer. Since 2008 Ms. Dwyer has served as the Special Master in Code Enforcement Hearings for the City of Ormond Beach and presently serves as the Chair for the Ormond Beach Neighborhood Improvement Advisory Board.

What is mediation?

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Mediation is an alternate dispute resolution process that is utilized by the court because it has proven to be beneficial. The mediation is conducted by a neutral, an unbiased third-party, the mediator, to assist you and the other party in reaching a resolution.

The mediator does not make a decision for you. What happens at mediation is voluntary. That means you and the other side will agree on the resolution. If the resolution is reached at the mediation, an agreement will then be prepared for the parties to sign, and then it is typically submitted to the court for the court approval.

If there is not an agreement reached, then that will also be reported to the court that there was no agreement reached, and that is all that is told to the court. The court at that point will then set the case for proper hearings.

Schedule a Mediation

Jean M. Dwyer | 386-871-4438 | 170 E. Granada Blvd., Ormond Beach, Florida 32176

Jean M. Dwyer is a Certified Family and County Court Mediator, Certified Circuit Court Mediator and an approved Appellate Court Mediator. Jean Dwyer graduated from Stetson University College of Law in 1990 and was admitted to the Florida Bar in 1991. From 2000 to 2006 Ms. Dwyer served as the General Magistrate and Child Support Hearing Officer in the Seventh Judicial Circuit covering Volusia, Flagler, Putnam and St. Johns County. Her duties as a General Magistrate involved presiding over Family Law and Dependency matters. Prior to being appointed the General Magistrate she served as a Civil Traffic Infraction Hearing Officer. Since 2008 Ms. Dwyer has served as the Special Master in Code Enforcement Hearings for the City of Ormond Beach and presently serves as the Chair for the Ormond Beach Neighborhood Improvement Advisory Board.