Hello again,

I'm going into a mediation next month concerning a past credit card debt that I am being sued for. I plan on using the SOL defense as the date of last activity falls past the statute date. Anyhow, I was wondering what the difference between a Court ordered mediation and a normal court trial is? I talked with someone at the county courthouse (Tampa FL) and they informed me that a trial involves a Judge and a mediation involves a Certified Mediator. I was wondering if this makes a difference since I will be representing myself? Thank you for your response.

Mediation tries to work out a compromise between the two parties. I think you want a judge since you are trying to get your case dismissed due to the SOL. So you want a judge to rule on a matter of law.

So do I just let the mediator know that I have no intention of settling out of court and have the case sent to trial? Thanks for your response.

Explain to the mediator that you believe the suit should be dismissed (specifically use the phrase dismiss) because the SOL has expired. If the mediator can do that, fine, otherwise you want to go before a judge.

ScottGem is absolutely right. In many jurisdictions mediation hearings are a mandatory part of the court process. If a matter is not resolved then it proceeds to trial.

Courts often require mediation hearings as a means to avoid trials since it takes fewer court resources to settle a case at mediation then it does to adjudicate a case at a full blown trial.

We don't know the rules of procedure for Florida but in most other jurisdictions mediation hearings are private and what is discussed there cannot be repeated at trial. Like the adage about Las Vegas what happens in a mediation hearing stays in a mediation hearing and, all things being equal, it is technically not a forum where one can either win or lose.