At a mediation, the mediator will typically start with the parties either together or in separate rooms. This gives the mediator an opportunity to find out the facts about the case, to meet the parties, and to find out what each party’s goal is. After that, one of the parties will start with the first offer. The mediator then will relay the offer back and forth between the parties. While the mediator is in the room with each party, the mediator along with their attorney, if they have an attorney, will evaluate that offer and will then comprise a counteroffer with the assistance of the parties that they want to relay back to the other room.
At that point, the mediator goes back and forth and sees if they can reach a resolution. What happens during mediation the offers that go back and forth remain confidential. That gives the parties an opportunity to freely negotiate without the concern that either party will raise their offers to the court and the judge will know what each party is willing to offer.
At the conclusion of mediation, if there is an agreement that is reached, the mediator will assist in drafting that agreement for all parties to sign. If an agreement is not reached, then the mediator will file a report with the court letting the court know that there was non-agreement, and then the court will take appropriate action whether setting the case for hearing or trial.
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.