The Villages Daily Sun

THE VILLAGES — Most would agree that an adequately staffed and funded court system is imperative for the smooth functioning of a democracy. This imperative is at risk in Florida due to a sputtering national economy and state tax collections that are down $3 billion.

Forced into a difficult tightropelike balancing act, state lawmakers have the task of crafting a budget that maintains a basic level of public services while facing the reality that unpalatable funding cuts will need to be made to departments across the board — including the court system.

Instead of complaining about the doom-and-gloom scenarios coming out of Tallahassee, one county court system has taken a proactive approach to conserving its system’s resources — one that has saved the county nearly $3 million since 2000.

Beginning in 1995, the Lake County court system has operated a mediation program that keeps cases ranging from auto negligence to property disputes out of the courtroom, saving the county valuable time and money. Because it is staffed and run by volunteers, the program costs the county nothing.

“We save the county a lot of money; if the county had to hire mediators at an hourly rate, it would cost them a lot of money,” explained Gil Fayerman, who runs Lake County’s mediation program.

Fayerman says if the county did not have the volunteer-run mediation program, it would have cost the court system more than $500,000 in 2007. According to the National Arbitration Association, the cost of a private mediator averages $150 per hour.

In addition to the financial benefit, the free mediation program settles cases before they go to trial, ensuring that the system is not overwhelmed by an overload of cases.

In 2007, the program heard more than 2,500 cases; its nearly 80 percent success rate has prevented nearly 2,000 cases from reaching trial. Since 2000, the program has heard more than 10,000 cases with a 75 percent success rate.

“Without mediation, these cases would take up courtrooms and judges’ time,” said Don Schreiner, the program’s second in command.

The program also helps soften the experience of those who might be intimidated by going through the judicial process.

“Some people are scared to come to court; we treat them like people, they are welcomed here,” Fayerman said.

This down-to-earth approach, in the past, has produced some unexpected outcomes.

“We had a husband and his ex-wife come in, and the husband brought his new girlfriend,” Schreiner said. “The ex-wife objected to the girlfriend coming into the mediation.”

The girlfriend was not listed on court documents, so the ex-wife’s objections kept her out of the mediation session.

The man went into the mediation room, leaving his girlfriend outside. Because things went so well, Schreiner said, that is where she stayed. The mediation process helped the couple overcome their anger toward each other, and after the session the formerly married couple went to lunch together.

“After we were done, I told them that I was going to the bathroom before I file the paperwork. I said, ‘If you two disappear while I am gone, I will say I have no idea’ where you went,” Schreiner said with a grin. He does not know the final resolution of that case, but he does know the girlfriend remained seated in the waiting room long after the reunited pair left by another exit.

Mediators are not required to have legal expertise. The Lake County program volunteers come from varied backgrounds.

“We have had mediators who are homemakers, city workers, barbers and nannies,” said Fayerman.

He said the program does have mediators who are former judges and attorneys, but it is not a requirement. “All you need is a good background and some common sense.”

Matt Dixon is a reporter with the Daily Sun. He can be reached at 753-1119, ext. 9089, or Matthew.Dixon@thevillagesmedia.com.