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Mediation |
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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. A Mediator is hired to assist the
the disputing parties in reaching an agreeable decision.
Typically Mediators do not make any decisions for the parties,
nor do Mediators give specific legal advise. Mediators however
assist the parties by clarifying and focusing the discussions
on relevant issues. Agreements reached in mediation are
contractual and 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 have adopted the evaluative approach to mediation.
An evaluative mediator assists the parties in reaching a
resolution by pointing out the strengths or weaknesses of
their case and predicting what a judge or jury would be
likely to do.
We believe in equity, legal concepts of fairness and the
individual interests and legal rights of the parties. As
evaluative mediators we might make formal or informal recommendations
to the parties as to the outcome of the various issues.
However we remain truly neutral to the parties and we never
render legal opinions.
Our Practice
Divorce Mediation
Divorce mediation is a voluntary process that 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). Before the advent
of divorce mediation, this was an emotional, time consuming,
and very costly endeavor on the part of the divorcing couple.
Mediation to Stay Married
Many times couples are unsure of whether they want
to stay together or become divorced. Frequently these couples
have been to marriage counseling, mental health counseling
and attended other traditional marriage programs. However
mediation to stay married uses ADR techniques to flush out
the issues that are causing marital discord. Typically when
these issue(s) are brought to light, the couple will usually
begin a correction process which may lead to keeping the
marriage intact.
Contracts, Business & Commercial Dispute Mediation
Traditionally when an anticipatory or present breach
of contracts 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 that 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.
Dispute
Resolution Systems Design
We are able to help your organization design and
develop a dispute resolution system to enhance customer service,
customer retention, employee relationships and management
relations. We work with both public and private sector organizations
to design systems for internal or external conflict resolution.
In designing a dispute resolution system we begin by listening
and speaking with you. We will typically ask you to outline
some of the issues that your organization faces and the typical
ways these issues are addressed. We always try to understand
the "corporate culture" of your organization before
embarking on any systems design project.
Also we may conduct on-site visits and work towards creating
a procedures audit. Here we study how issues and problems
are currently resolved in your organization, those options
available for improvement, and provide a detailed plan for
implementation, maintenance and evaluation of a new system
for your organization.
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Providing dispute resolution services to the businesses and residents of Pasco County,West Pasco, East Pasco, New Port Richey, Port Richey, Wesley Chapel, New Tampa, Zephyrhills, Dade City,
San Ann, Saint Leo, Land O'Lakes, Odessa and the Tampa Bay area Florida.
Contact us: 27212 Foamflower Blvd., Wesley Chapel, FL 33544. (813) 907-8961
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