Civil Court Mediation

Mediation works because it puts the outcome back in the hands of the people who have to live with it. A judge decides a case based on evidence and law. A mediator helps the parties decide a case based on what they actually need. For a lot of disputes, especially family disputes and business disputes where the relationship has to continue, that is a materially better result.

David Walkowiak, certified mediator

David holds two separate certifications from the Supreme Court of Florida: Circuit Civil Mediator and Family Law Mediator. These certifications require training, observation, and examination beyond a law license. After twenty years of litigating civil, real estate, and family matters, David serves as a neutral in disputes he understands from both sides of the table.

How mediation actually works

Both parties meet at the mediator’s office or a conference room, usually with their attorneys. The mediator explains the process. Everything said in mediation is confidential and cannot be used at trial. The parties make opening statements. Then the mediator separates them into different rooms and moves between them carrying offers, testing positions, and proposing solutions. No one is forced to agree to anything. The mediator’s only leverage is the parties’ own interest in a predictable outcome and a lower legal bill than trial would produce.

When the parties reach an agreement, it is written up and signed on the spot. If the mediation is court-ordered, the agreement is submitted to the judge. If no agreement is reached, the case continues where it was. Nothing is lost.

What mediation is good for

• Family matters. Divorce, custody, visitation, support, property division.
• Business disputes. Partnership breakups, contract disagreements, non-compete enforcement.
• Real estate. Boundary disputes, HOA conflicts, landlord-tenant matters.
• Civil litigation. Personal injury settlements, construction defects, employment claims.
• Probate and estate disputes. Will contests, trust beneficiary disagreements, accounting disputes.

Benefits over a courtroom

Mediation is faster. Mediation is cheaper. Mediation is confidential. There is no public record, no trial transcript, and no press coverage. Mediation preserves relationships that litigation destroys. And, most importantly, the parties retain control over the outcome rather than handing it to a judge or jury.