Mediation & Arbitration
Alternative Dispute Resolution Lawyers in Tampa, Florida
The firm offers a variety of services falling under the general practice area of Alternative Dispute Resolution (ADR). ADR can often provide a more cost-effective solution to resolving disputes and may be less injurious to business relationships than the traditional litigation process. Given the increasing frequency with which disputes are being resolved outside the courtroom, the firm has diversified its offerings in this area to meet the varied needs of its clients. In the course of its representation of clients in the various substantive practice areas, the firm's lawyers have gained extensive experience in resolving disputes at mediations by serving as advocates and counselors, in representing clients before arbitration panels, and in assisting clients in planning ADR processes when drafting contracts and other legal documents. The firm also offers the services of several certified mediators as well as lawyers who are authorized to serve as trial judges in disputes between parties who are not clients of the firm.
MEDIATION
Mediation is the most common form of ADR and permits parties to design and control the resolution of their disputes. It is often a required step in the litigation process and may take place before a person certified by the Courts. Mediators serve as a neutral person who provides a confidential forum in which the core issues of the case are discussed by the litigants. The mediator assists the parties to the dispute in finding a voluntary resolution that is satisfactory to all concerned. The firm has several certified mediators.
Our lawyers routinely represent clients in mediations and are skilled in facilitating the voluntary resolution of disputes. Mediation may be initiated by the parties or ordered by a court and can take place either before or after litigation is commenced. In fact, it is a flexible process that can be utilized to resolve many types of disputes, including those where neither party even intends to initiate litigation. We recognize that in many cases the ADR process offers the best chance for a quick and cost-effective resolution for our clients.
ARBITRATION
Arbitration involves a hearing before one or more non-judges that results in a binding decision that may be judicially enforced. This is a widespread practice in today's business world. The arbitration process is less formal than court proceedings and can be quicker and less costly to the client. We have represented clients in both binding and non-binding matters before the American Arbitration Association, National Association of Securities Dealers, private arbitration forums and in court annexed arbitration.
VOLUNTARY TRIAL RESOLUTION
Voluntary Trial Resolution is an exciting new process where parties to a dispute can agree to permit a lawyer who is not a judge to serve as a trial judge over all or part of their dispute. While the process is voluntary, the decisions of the Voluntary Trial Resolution judge, once made, may be enforceable, and appealable, like any other civil judgment. The firm has lawyers who are available to serve as Trial Resolution Judges and is also able to discuss this option for disputes in which clients of the firm are involved.
CONTACT ATTORNEYS: Howard P. Ross; Brian P. Battaglia; Stephen Wein
