Question 1

What is Mediation?

Accepted Answer

Mediation is a confidential, voluntary process in which a neutral third party — the mediator — helps two or more parties in a dispute work toward a mutually acceptable resolution. Unlike a Din Torah or civil litigation, the mediator does not impose a ruling. Instead, the mediator guides the conversation, helps identify common ground, and facilitates an agreement that both parties reach on their own terms.

Choshen Mishpat Miami offers professional mediation services conducted by Rabbi Reuven Brown, a Florida Supreme Court Certified Mediator in both County and Circuit Civil cases.

Question 2

Who is Mediation For?

Accepted Answer

Mediation is available to anyone seeking a structured, professional, and confidential forum to resolve a dispute. It is particularly well suited for parties looking for a more flexible, collaborative alternative. Mediation is an excellent option when either preserving the relationship between the parties is important or when a faster resolution is desired.

Question 3

Do Both Parties Need to Agree?

Accepted Answer

Yes. Mediation is entirely voluntary and requires the willing participation of both parties. Neither side can be compelled to attend, and either party may withdraw at any time. This voluntary nature is one of mediation’s greatest strengths — any resolution reached is one that both parties have genuinely chosen to accept.

Question 4

How is a Session Initiated?

Accepted Answer

The process begins when one party contacts our office to request mediation. Our secretary will reach out to the other party to arrange their participation and schedule a session at a mutually convenient time. There is no filing fee required prior to a mediation session — filling out the intake form is all that is needed to get started.

Question 5

What Happens During a Session?

Accepted Answer

At the start of the session, the mediator will explain the process and ground rules. Each party will then have an opportunity to present their perspective without interruption. The mediator may meet with both parties together or privately — known as a caucus — to better understand each side’s needs and interests. The goal is to guide both parties toward a resolution they can both accept.

Question 6

Is the Outcome Binding?

Accepted Answer

Mediation itself does not produce a binding ruling. However, if the parties reach an agreement during or following the mediation, that agreement can be drafted into a written settlement document and signed by both parties, making it legally binding and enforceable. The mediator can assist in drafting that document upon request.

Question 7

How Long Does it Take?

Accepted Answer

Many disputes are resolved in a single session. More complex matters may require follow-up sessions. Mediation is generally significantly faster than both litigation and a formal Din Torah proceeding.

Question 8

Is it Confidential?

Accepted Answer

Yes. All mediation sessions conducted by Choshen Mishpat Miami are strictly confidential. Statements made during mediation cannot be used as evidence in any subsequent legal or rabbinical proceeding, except where required by law. This confidentiality encourages open and honest communication, which is often the key to reaching a genuine resolution.

Question 9

What is the Difference Between Mediation and a Din Torah?

Accepted Answer

A Din Torah is an adjudicative process — the Dayan or panel of Dayanim hears both sides and issues a binding Psak Din that the parties are obligated to follow. Mediation is a facilitative process — the mediator helps both parties reach their own agreement, and no ruling is imposed. A Din Torah is the appropriate path when a definitive halachic ruling is needed. Mediation is the appropriate path when both parties are open to dialogue and want control over the outcome.

Question 10

Where Are Sessions Held?

Accepted Answer

Mediation sessions are available both in person and remotely via video conference, accommodating parties regardless of location. Our office will coordinate the format that works best for both sides.

Question 11

What Does it Cost?

Accepted Answer

There is no filing fee for mediation. Sessions are billed at a rate of $350/hour ($175 per party), and the session fees are due immediately upon the conclusion of each session.

Question 12

How Do I Get Started?

Accepted Answer

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Mediation

Understanding Mediation

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