Florida Mediation and Arbitration Can Save Time and Money
Mateer & Harbert is a leading provider of alternative dispute resolution services in the state of Florida. Trial practice and vindication of our clients’ rights in state and federal courts have been transformed in the last three decades by mediation and arbitration. Our clients consciously seek and appreciate our effective resolutions in both arbitration and mediation matters.
Unlike other lawsuits, mediation is a formal settlement conference that occurs in the presence of a neutral third party. The client’s case is first developed sufficiently so that its strengths and weaknesses can be evaluated. It is then presented in a fashion designed to accentuate its value and provide the most influential negotiation position possible. The advocacy skills we hone in our trial practice are applied at mediation to obtain the client’s goals without the risk and expense of a trial. The trial skills that make our lawyers excellent litigators also makes them excellent mediators. Currently, four of our lawyers regularly serve as mediators. The insights learned from litigation enable our mediators to apply their persuasion skills on behalf of all parties. These experiences translate to better representation when they are in the role of an advocate. Our well-rounded experience makes Mateer & Harbert a strong candidate to represent you in resolving your business or personal dispute.
Advantages of mediation can include:
- The process is typically less expensive than court
- The outcome is reached more quickly than through court.
- The process is private and not part of the public record.
- Parties can come up with their solutions to the problem.
- The process is flexible, which means it can be as long or short as needed and be scheduled whenever everyone agrees.
- The parties have the chance to talk and negotiate directly with each other.
- No one wins or loses in mediation as the parties create a mutually agreeable outcome.
Disadvantages of mediation can include:
- Those that are not comfortable speaking for themselves can find the intervention too much of a challenge.
- If the parties cannot yield in their positions, mediation will not be successful.
- An agreement reached in mediation is not legally enforceable, so there can be compliance issues.
- There may be a power imbalance between the parties
Many clients opt for a private dispute resolution proceeding through arbitration. Mateer & Harbert’s lawyers are orderly, efficient, and several are certified as civil case arbitrators with the American Arbitration Association. Four of our attorneys currently serve as AAA arbitrators. Just as in our mediation practices, arbitration provides us an opportunity to assist our clients at a lower cost than traditional litigation.
Advantages of arbitration
There are advantages to arbitration can include:
- Arbitration is faster and less expensive than going through the courts.
- The parties have the power to choose the arbitrator. In court, a judge or a jury decides the case.
- An arbitration case is less formal than a court case.
Some disadvantages to arbitration can include:
- If the arbitration is binding, you may not have further recourse. Therefore you cannot appeal as you can in a court case.
- As arbitration is not made public, there is a lack of transparency and may have a bias.
- Although arbitration is usually less expensive than court, it is not inexpensive.
Get in Help With Arbitration and Mediation in Florida
Arbitration and mediation allow a more cost-effective alternative to a court proceeding. It is important to consider what might work best in your situation. The Attorneys at Mateer & Harbert can help you decide which alternative dispute resolution option works best for you. For more information regarding our mediation & arbitration practice, contact our attorneys at our Orlando office. Phone (407) 425-9044 | (407)- 423-2016