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 have adopted the evaluative approach to mediation.
We believe in equity and legal rights of the parties. 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.
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 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.
