What To Do if the Mediator is Not Impartial?

Florida Attorney Sergio Cabanas presents the different scenarios when you can possibly feel or notice that your mediator have become not impartial and provides suggestions on what you can do to protect you.

Timestamps:
00:00 Introduction
00:07 What To Do if the Mediator is Not Impartial?
05:14 Outro

Para la version en español, ver aquí:
¿Qué hago si el mediador no es imparcial?
   • ¿Qué hago si el mediador no es imparc...  

**Please note that the information in this video is not an adequate substitute for a consultation with an attorney who is knowledgeable in this subject area and could review the specifics of your individual matter and determine how the law would apply in your particular case.**

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Sergio Cabanas, Esq. has been practicing law since 1991, after graduating from Washington College of Law in Washington D.C. Attorney Cabanas is admitted to practice in the State of Florida and the U.S. Court for the Southern District of Florida and the U.S. Bankruptcy Court. He founded the Divorce and Mediation Law Firm in 2006.

The Divorce and Mediation Law Firm focuses on Divorce, Mediation, Child Custody, Child Support, Alimony, Prenuptial Agreements, Post-nuptial Agreements, Domestic Violence, and Post-Divorce Related issues.

The firm has three locations: Pembroke Pines, Weston, and Sunny Isles Beach in South Florida. If you would want to consult, you can reach the firm through (954) 329-0441. We are open from 9AM to 5PM, Mondays to Fridays.

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Transcript:
Hello and welcome to our show, 60 Seconds with Sergio.
I am your host, Sergio Cabanas, Attorney-at-Law here in Florida.
Thank you for joining me today.
Today's question is: Sergio, I'm attending a mediation in a divorce of family law case, but I believe the mediator seems to be favoring my spouse or the other party.
What can I do about that?
First let's be clear on what a mediation is.
A mediation is a meeting where we all get together, all the parties and their attorneys, if there are any, and we all meet with an independent, supposedly neutral and impartial person, known as a mediator.
Thereafter we discuss ways in which the whole case can be settled, to the extent possible.
The main objective is to settle the entire case without any further litigation.
Saving everybody the time, money, and stress of ongoing litigation.
The fact that the mediator is not coming across as being impartial and neutral, completely undermines the mediation process, because one, or maybe both parties, lose trust in the mediator.
Obviously, it's difficult, and sometimes impossible, to settle a case where you just don't trust the person who's supposed to be helping you settle the case in a neutral, impartial manner.
Regardless of who's right and who's wrong.
Now, let's get back to that question.
What should you do if a mediator in your case seems to be favoring the other side?
Well, let's find out when you started to believe this was the situation.
The first scenario is that it's before your mediation, and you believe that that person who is designated to be a mediator in your case, will not be impartial in a future mediation.
The second scenario is that you're discovering that the mediator is not being impartial during your mediation.
Or the third scenario is that you've already had the mediation, and now you're realizing that that mediator may not have been impartial in your case.
So, let's take that first scenario.
If you believe the mediator will not be impartial, in a future mediation, this should be a relatively simple issue to resolve.
You can simply choose not to mediate your case with that mediator, and work with the other side to agree on a different mediator.
The other side should work with you because there are so many mediators out there who are very competent, who are available to help both parties.
So, it should be a fairly simple process to find someone that both parties can agree on.
If the mediator was appointed by the court, and the other side is refusing to cooperate with choosing a different mediator, you can file a motion with the court to have a different mediator designated for your case.
Most judges should readily accommodate your request because the parties should feel, again, free and comfortable,