Mediation Services
Definition of Mediation
Mediation is a form of Alternative Dispute Resolution (ADR). Mediation
is a non-litigious and confidential process, typically protected by
State Law. During mediation, a Mediator is hired to assist the the disputing
parties in reaching an agreeable decision. Mediators do not make any
decisions for the parties, nor do Mediators give specific legal advise.
However Mediators many assist the parties by clarifying and focusing
the discussions on the relevant issues. Finally agreements reached in
mediation are contractual and if necessary may be enforced in a court
of law.
Our Style of Mediation
Currently there are three distinct styles of mediation: Facilitative,
Evaluative and Transformative.
As a firm we use a hybrid version of traditional facilitative mediation.
Here we believe in equity and legal rights of the parties. As mediators,
we assists the parties in reaching a resolution by clarifing and normalizing
their various arguments. Also at times, we may make informal recommendations
to the parties as to the possible outcome of the various issues. However
we remain truly neutral to the parties, and we never render legal opinions.
The parties are always in charge of their own outcome.
Our Practice
Divorce Mediation
Divorce mediation is a voluntary process which a married couple
may enter into to assist them with the finalization of their marriage.
Modernly the Florida courts have embraced the use of Mediators in the
family court arena. With the use of a Certified Mediator the divorcing
couple would craft an agreeable end to their marriage (marital settlement
agreement), work out issues of spousal support (alimony)
and parenting plans (visitation). However before the advent
of divorce mediation, this was an emotional, time consuming, and very
costly endeavor on the part of the divorcing couple.
Business,
Contracts & Other Commercial Disputes
Traditionally when an anticipatory or present breach of a contract
occur; the aggrieved party immediately hires a lawyer and files suit
in order to protect his (its) interest. Frankly there is nothing wrong
with this approach. However you may want to consider a softer approach
to a contracts or commercial dispute by using mediation. In our experience,
parties who work out their differences in mediation, as opposed to a
court proceeding, are usually happier and more satisfied with the outcome.
In our practice we handle a wide variety of commercial disputes ranging
from; website development projects, software development, homeowners
association issues, nuisance issues, community issues, business partnerships,
customer service issues, debt restructure, mortgage re-negotiations
and professional service issues.
Insurance Claims
Whether your case is in-suit or pre-suit we are able to assist. Many
clients have found it advantageous to work out their settlement issues
in mediation rather than going to court. We resolve insurance claims
cases ranging from Commercial General Liability to Personal Injury to
Property Damage.