ALTERNATIVE DISPUTE RESOLUTION
MEDIATION
What Does Mediation Mean?
Your Guide to Mediation in Florida
TABLE OF CONTENTS
Common Questions About Tampa Mediators and Mediation in Flordia
Do I Need an Attorney for Mediation?
Who Pays for Mediation in Florida?
How Do I Find Mediators in Tampa?
How Do I Choose a Certified Mediator in Tampa and Greater Florida?
What If Mediation Doesn't Work?
How Much do Mediators in Tampa Cost?
Florida Mediation Overview
Mediation vs. Litigation and Arbitration
When is Mediation Appropriate?
Common Mediation Styles
The Florida Mediation Process
Rules and Regulations for Certified Mediators in Florida
2. Standards for Florida Certified Mediators
Court-Ordered Mediation vs. Voluntary Mediation
Attending Mediation Without an Attorney in the State of Florida
About our Tampa Mediation Services
COMMON QUESTIONS ABOUT MEDIATION
Is Mediation Mandatory?
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While courts often order parties to attempt mediation before trial through court ordered mediation in Florida, mediation is generally voluntary. In Florida, many contracts include mediation clauses requiring parties to mediate before filing a lawsuit. Even voluntary mediation remains a highly effective option for resolving disputes without the expense, time, and stress of litigation.
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In cases involving court ordered mediation in Florida, the mediator facilitates discussions between the parties to explore possible solutions. The process aims to resolve disputes collaboratively before escalating to trial.
Do I Need an Attorney for Mediation?
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An attorney is not required for mediation but can provide valuable support. Attorneys help clarify legal rights, review agreements, and ensure that your interests are represented. Whether voluntary or court ordered mediation in Florida, having an attorney ensures you navigate the process effectively.
Your attorney can assist with preparing for the Florida mediation process, ensuring you understand your rights and responsibilities. Working alongside a certified mediator in Florida, your attorney can also ensure the best outcomes by addressing all key aspects of your dispute during the mediation process.
Who Pays for Mediation in Florida?
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Mediation costs are usually split equally between the parties. Alternative arrangements can be negotiated, and in some cases, courts may cover mediation expenses for those who cannot afford mediation due to financial hardship. Insurance policies may also cover mediation fees in personal injury or contract cases.
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The affordability of mediation, particularly under state of Florida mediation programs, is one of the most significant mediation benefits in Florida, making it accessible to more parties. Experienced Tampa mediators can also provide information about cost-sharing and whether insurance or state of Florida mediation programs apply to your case.
How Do I Find Mediators in Tampa?
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Search for "Certified Mediators in Florida"
Look for mediators certified by the Florida Supreme Court. Certification ensures that the mediator meets strict standards for professionalism, ethics, and training. -
Check Experience and Specialization
Tampa mediators often specialize in specific types of disputes, such as family law, business conflicts, or personal injury claims. Choose a mediator with extensive experience in handling cases like yours.
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A fast and reliable way to identify the most experienced and trusted Tampa mediators is by visiting the National Academy of Distinguished Neutrals (www.floridamediators.org). Members are nominated by their peers as well as litigation firms and are amongst the most in-demand neutrals (mediators) in their respective states. Sisco-Law’s managing shareholder, Dale Sisco, is a Tampa mediator who has been a member of this prestigious academy since 2005. To gain membership, nominees must meet stringent practice criteria and must be well-established.
How Do I Choose a Certified Mediator in Tampa?
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Choosing the right mediator is essential to a successful outcome. When selecting a mediator, consider the following:
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Are they a certified mediator in Florida?
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Do they have extensive experience handling disputes similar to yours?
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Do they have positive references and a strong professional reputation?
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Are they available within your required timeline?
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Is their fee structure clear and within your budget?
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Is their communication style effective for your needs?
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​Many Tampa mediators specialize in different types of disputes, so finding one with the right experience is essential for a successful resolution. Choosing an experienced Tampa mediator who follows the standards of the Florida mediation process ensures a professional and effective approach to resolving disputes.
How Long Does a Mediation Take?
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Most mediations can be completed in one session, typically lasting a few hours. However, complex cases may require multiple sessions, depending on the number of parties involved, the issues at stake, and the willingness of participants to reach a resolution.
Tampa mediators with experience handling challenging disputes can streamline the process and help parties achieve a resolution efficiently. Mediation resolves disputes faster than litigation, which is one of the key benefits of this resolution approach.
What If Mediation Doesn't Work?
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If mediation does not lead to an agreement, parties retain their right to pursue other legal options, including litigation or arbitration. Importantly, under court ordered mediation in Florida, all discussions and documents shared during mediation are confidential and cannot be used in court.
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The Florida mediation process safeguards the rights of participants while encouraging resolution. Even if an agreement is not reached, mediators in Tampa ensure the mediation process is respectful, allowing parties to leave with a better understanding of their options moving forward.
Is Mediation Legally Binding?
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While mediation itself is not legally binding, if the parties reach an agreement during mediation a formal mediation agreement outlining the agreed upon terms is signed by both parties, the signed agreement becomes legally binding. If either party breaches a signed mediation agreement, the other party can seek enforcement through the court system.
How Much Do Mediators in Tampa Cost?
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Mediators in Tampa typically charge between $300–$600 per hour and the costs are often split between the parties. Programs under the state of Florida mediation system sometimes offer free or reduced-cost mediation for certain classifications of disputes. To qualify, an “Application for Determination of Civil Indigent Status” must be filed with the court. For more information and to find out if your classification of dispute might qualify, we encourage you to speak with the court clerk.
The affordability of mediation, compared to litigation, is one of the major mediation benefits in Florida. Working with a certified mediator in Florida, parties can benefit from flexible fee arrangements, especially under the state of Florida mediation programs designed to make dispute resolution accessible.
FLORIDA MEDIATION OVERVIEW
The Florida mediation process is a collaborative and flexible approach to resolving disputes. Unlike traditional litigation or arbitration, mediation empowers the parties involved to maintain control over the outcome, with guidance from a neutral and experienced Florida certified mediator.
Key Features of Mediation
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Neutral Guidance: Mediators act as impartial facilitators, ensuring that all parties feel heard and understood throughout the process.
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Confidentiality: Mediation sessions are private, allowing for open and honest discussions without fear of public exposure or court repercussions.
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Flexibility: The mediation process adapts to the needs of the parties, offering creative solutions that address unique circumstances.
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Control: Mediation puts the decision-making power in the hands of the parties, avoiding the rigidity of court-imposed rulings.
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This structured yet flexible process is designed to encourage collaboration, minimize conflict, and help parties reach mutually acceptable solutions.
MEDIATION VS. LITIGATION AND ARBITRATION
Understanding the differences between mediation, litigation, and arbitration can help you choose the best approach for resolving your dispute. Each option varies in terms of formality, cost, flexibility, and outcome.
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Litigation: This is a court process where a judge or jury makes legally binding decisions. Litigation is often time-consuming, expensive, and adversarial. For many disputes, it is seen as a last resort due to its high cost and lack of flexibility.
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Arbitration: A more formal alternative to mediation, arbitration involves a neutral third party, the arbitrator, who listens to both sides and imposes a binding resolution. While it is less time-consuming than litigation, arbitration offers less flexibility for creative solutions and may not preserve relationships.
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Mediation: A collaborative, solution-oriented process that fosters open communication and prioritizes mutual benefit. Guided by a certified mediator Florida, mediation is often quicker, more cost-effective, and confidential, allowing the parties to craft their own agreement. Unlike arbitration or litigation, mediation keeps the decision-making power in the hands of the participants.
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For disputes requiring efficiency, flexibility, and confidentiality, mediation—whether voluntary or part of court ordered mediation in Florida—is a highly effective option. Consulting experienced Tampa mediators can help determine whether mediation, arbitration, or litigation is best suited to your needs.
WHEN IS MEDIATION APPROPRIATE?
Mediation is a practical and effective option for resolving a wide range of disputes. It is especially useful in situations where:
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Court Ordered Mediation in Florida: Parties are required to attempt mediation before proceeding to trial, such as in civil or family court cases.
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Family Law Issues: Resolving sensitive matters like custody, divorce, or property division.
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Business Conflicts and Workplace Disputes: Addressing disagreements between business partners, employers, and employees, or HOA-related disputes.
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Personal Injury and Insurance Claims: Facilitating discussions to settle disputes over injuries, coverage, or claim payouts.
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Experienced Tampa Mediators can guide parties toward efficient and mutually beneficial resolutions, helping to save time, reduce costs, and avoid the adversarial nature of litigation.
COMMON MEDIATION STYLES
The most common styles of mediation are:
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Facilitative Mediation: The most common approach, where the mediator focuses on guiding the process without offering opinions or solutions. This empowers parties to create their own agreements.
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Evaluative Mediation: Often used in complex disputes, the mediator evaluates the strengths and weaknesses of each party's position and offers opinions on potential outcomes.
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Transformative Mediation: Focused on improving relationships while addressing the immediate conflict. This is ideal for ongoing relationships, such as workplace or family disputes.
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Online Mediation: Virtual dispute resolution provides convenience and flexibility for parties in different locations or those who prefer to minimize in-person contact.
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Florida mediators are not required to offer all styles of mediation; many specialize in a particular style or approach. However, the most skilled and effective mediators are able to be flexible enough to adapt their technique based on the specific needs of the dispute and the parties involved, often utilizing elements from different styles within a single mediation process.
THE FLORIDA MEDIATION PROCESS
Choosing mediation offers a faster, more affordable, and collaborative alternative to litigation. The mediation process typically unfolds in these steps:
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Agreement to Mediate: All parties agree to mediate and select a neutral Florida certified mediator to guide the process.
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Pre-Mediation Preparation: The mediator gathers information about the dispute to structure the session effectively.
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Opening Session: The mediator outlines the process, rules, and expectations to create a productive environment.
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Facilitated Discussions: The mediator encourages open communication, helping parties identify common ground and explore potential solutions.
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Negotiation and Agreement: The session concludes with a signed agreement if the parties reach a resolution. If not, other legal options remain available.
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Whether voluntary or part of a Florida court ordered mediation, this structured process ensures a fair and respectful environment for all parties.
RULES & REGULATIONS FOR CERTIFIED MEDIATORS IN FLORIDA
Mediation in Florida is governed by a robust framework of rules and standards to ensure fairness, professionalism, and consistency. These regulations apply to both voluntary and court ordered mediation in Florida.
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1. Court Rules for Mediation
Florida's mediation framework is outlined by several key court rules:
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A. Florida Rules of Civil Procedure (Rules 1.700–1.730) - These rules establish the foundation for court ordered mediation in Florida, including:
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Mediator qualification requirements.
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Procedures for appointing mediators.
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Attendance and confidentiality provisions.
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Standards for mediation agreements.
B. Florida Supreme Court Rules - These rules provide detailed guidelines for:
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Standards of professional conduct for mediators.
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Certification and discipline of mediators.
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Requirements for continuing education to maintain certification.
C. Federal Court Mediation Rules - In federal cases, mediation is governed by:
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Local rules of the U.S. District Courts.
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The Alternative Dispute Resolution Act of 1998.
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Federal mediation programs specific to each district.
D. Local Court Rules - Each judicial circuit in Florida may establish additional requirements, such as:
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Mediator selection procedures.
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Reporting and documentation standards.
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Specific fee structures and timing for mediation.
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2. Standards for Florida Certified Mediators
As a Florida certified mediator, mediators must adhere to strict ethical, procedural, and professional standards:
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A. Ethical Standards:
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Maintain impartiality and neutrality.
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Ensure confidentiality in all mediation sessions.
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Avoid conflicts of interest.
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Promote party self-determination in decision-making.
B. Procedural Standards:
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Provide clear opening statements to set expectations.
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Ensure all parties have equal opportunities to participate.
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Maintain control of the mediation process.
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Document agreements appropriately and follow termination procedures when necessary.
C. Professional Standards:
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Maintain certification through ongoing education.
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Advertise mediation services accurately and ethically.
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Charge reasonable fees and carry professional liability insurance.
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Why These Rules Matter
This robust regulatory framework ensures that court ordered mediation in Florida and voluntary mediation sessions are conducted with the highest level of professionalism and fairness. By working with a Florida certified mediator, you can trust that your mediation process will adhere to these rigorous standards, ensuring respectful and productive path to resolution of your dispute.
COURT ORDERED VS. VOLUNTARY MEDIATION
What is Court Ordered Mediation in Florida?
Court ordered mediation in Florida is mandated by the court as part of the legal process, requiring parties to attempt mediation before proceeding to trial. It is a common step in Florida civil and family court cases and follows strict guidelines outlined in the Florida mediation process to ensure fairness and professionalism.
Key features of court ordered mediation in Florida include:
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Mandatory Participation: All parties must attend the mediation session unless excused by the court.
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Structured Process: Mediators adhere to rules such as the Florida Rules of Civil Procedure, ensuring a standardized process.
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Confidentiality: Discussions during court-ordered mediation are private and cannot be used in court if mediation fails.
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Outcome: While parties are not obligated to reach an agreement, they must make a good-faith effort to resolve their dispute.
For individuals involved in legal disputes, court ordered mediation in Florida provides an opportunity to resolve issues quickly and affordably before proceeding to litigation.
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What is Voluntary Mediation?
Voluntary mediation occurs when parties choose to mediate without court involvement. This option offers greater flexibility and customization, often guided by a skilled Florida certified mediator.
Key benefits of voluntary mediation include:
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Flexibility: Parties have control over the timing, format, and selection of the mediator.
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Cost Savings: Voluntary mediation can often be less expensive than litigation or arbitration.
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Preservation of Relationships: Voluntary mediation is ideal for resolving disputes in family, workplace, or community settings where maintaining a positive relationship is a priority.
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Creative Solutions: This process encourages open communication, allowing parties to craft unique agreements tailored to their specific needs.
For parties seeking a collaborative resolution outside of court, voluntary mediation is a highly effective and empowering approach.
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Which Option is Right for You?
Both court ordered mediation in Florida and voluntary mediation provide structured, confidential environments to resolve disputes efficiently. Whether mandated by the court or pursued voluntarily, mediation offers an opportunity to reduce costs, save time, and avoid the adversarial nature of litigation.
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Working with an experienced mediator in Tampa ensures that all mediation sessions—whether court-ordered or voluntary—adhere to the highest standards of professionalism, giving you the best chance at a positive outcome.
ATTENDING MEDIATION WITHOUT AN ATTORNEY IN FLORIDA
Mediation is often the fastest and most cost-effective method of alternative dispute resolution (ADR), and many participants choose to attend without an attorney. While having legal representation can provide added support, mediation is designed to empower parties to reach agreements on their own, with the help of a neutral Florida certified mediator.
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Key Considerations for Attending Mediation Without an Attorney
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Understanding Your Rights: The mediator cannot provide legal advice, so it’s important to research your rights and responsibilities beforehand.
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Preparation is Crucial: Gather all necessary documents, including contracts, correspondence, and any relevant evidence, to effectively present your case.
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Confidentiality Applies: Everything discussed in mediation remains confidential and cannot be used in court if mediation doesn’t result in an agreement.
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Mediator Guidance: Mediators are trained to facilitate productive discussions and ensure both parties have equal opportunities to present their viewpoints
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Even without an attorney, mediation provides a structured and supportive environment to resolve disputes quickly and efficiently. For complex cases or legal questions, consulting an attorney before or after mediation is always an option.
CONTACT US FOR MEDIATION SERVICES IN TAMPA
If you’re seeking experienced mediators in Tampa, look no further than Mr. Dale Sisco, a highly respected certified mediator in Florida with decades of experience in dispute resolution. As one of the most trusted Tampa mediators, Mr. Sisco is committed to facilitating productive conversations and delivering effective solutions tailored to your unique needs.
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Dale Sisco: Tampa Mediator and Certified Florida Mediator
Mr. Sisco is a Florida Supreme Court Certified Mediator for Circuit and County Courts and a Qualified Arbitrator, recognized for his professionalism and dedication. His extensive qualifications include:
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U.S. District Court Certified Mediator for the Middle District of Florida
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Membership in the Defense Research Institute and the Florida Academy of Professional Mediators
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Fellow of the National Academy of Distinguished Neutrals
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Ranked at the highest level of professional excellence for his legal expertise, communication skills, and ethical standards.
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With this impressive background and decades of both legal and mediation experience, Mr. Sisco has successfully guided countless parties through court ordered mediation in Florida as well as voluntary mediation sessions. Whether resolving complex legal disputes or facilitating discussions in family, workplace, or business matters, Mr. Sisco’s approach ensures fairness, respect, and professionalism at every stage.
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Mediation Options Tailored to Your Needs
Our mediation services are designed to provide flexibility and accessibility, offering:
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In-Person Mediations: Conducted at our Harbour Island offices in downtown Tampa for a professional and comfortable setting.
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Virtual Mediations: Available through platforms like Zoom, Microsoft Teams, and WebEx, making mediation accessible no matter where you are in Florida.
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Hybrid Mediations: Ideal for parties who prefer a mix of in-person and virtual participation due to time, cost, or travel constraints.
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Types of Disputes We Mediate
As an experienced certified mediator in Florida, Mr. Sisco specializes in resolving a wide range of disputes, including:
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Business and Contract Disputes: Addressing conflicts between business partners, vendors, or clients.
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Employment and Workplace Disputes: Resolving workplace disagreements, harassment claims, and contract issues.
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Personal Injury and Insurance Claims: Mediating between injured parties and insurers to reach fair settlements.
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Property and HOA Conflicts: Helping resolve disputes within community associations or boundary disagreements.
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Consumer Disputes: Addressing issues between consumers and businesses.
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Why Choose Us?
By working with Mr. Sisco and the Tampa-based Sisco-Law team, you’ll benefit from:
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Expert guidance that adheres to the highest standards of the Florida mediation process.
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Flexible mediation options to suit your unique needs.
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A proven track record of success in resolving disputes quickly and effectively.
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Whether you’re involved in a family dispute, business conflict, or legal matter requiring court ordered mediation in Florida, our goal is to make the process as straightforward and productive as possible.
