Arbitration and Mediation

The Arbitration and Mediation Practice Group encourages and facilitates the resolution of a dispute through an informal process. In many instances, mediation and/or arbitration may mitigate legal spend and may provide a quicker path to resolution of a dispute.

Mediation

We offer a safe forum for discussion and a satisfactory path to resolution. Our mediators are neutral third parties that will attempt to help parties resolve their dispute without judging the merits of the case. The process is voluntary and non-binding, with the decision-making authority in the hands of the parties, and generally takes a day or less to complete. Our role in mediation is to help the parties identify and work through any obstacles to settlement and help formulate strategies to overcome them. Mediation may facilitate solutions not available in court (non- monetary contributions, trading matters of unequal value, i.e. future work, free labor) and reveal solutions not previously considered by the parties. However, mediators do not provide legal advice to the parties.

Mediation may be court-ordered or voluntary. In all cases, pursuant to Fla. Stat. Sections 44.401-406, the Mediation Confidentiality and Privilege Act, mediation communications are confidential and not to be disclosed except to “a mediation participant or a participant’s counsel” unless agreed to by the party or otherwise required by law. If the parties do not resolve the matter in mediation, the statements by the parties made during the mediation may not be admissible as evidence in any subsequent litigation; however, under Fla. Stat. Section 44.405(5), “information that is otherwise admissible or subject to discovery does not become inadmissible or protected from discovery by reason if its disclosure or use in mediation.”

Arbitration

Arbitration is another form of dispute resolution. Compared to mediation, where the decisions on resolution are made by the parties, the decisions in arbitration are made by the arbitrator based on the evidence submitted by the parties. Arbitration may be mandatory if required by contract, and the decision may be binding or non-binding, depending on the parties’ contract. Parties may also agree to submit a matter that is subject to litigation in court to arbitration, and they may also agree that the decision of the arbitrator is binding or non-binding. See Fla. Stat. Section 44.104 (parties may agree in writing to arbitrate before or after a lawsuit is filed, if no constitutional issue involved). Our experienced arbitrators will review the evidence, listen to the parties, and make a decision. Arbitration may mitigate legal spend by providing streamlined discovery, and may result in a faster resolution than proceeding through the court system.

For assistance, Contact Daniel Santaniello.

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