All posts by flcarter426

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What Role Does a Business Bankruptcy Mediator Play?

There are many details to sort out when you’re in the midst of a business bankruptcy in Fort Lauderdale as an attorney, and you may have questions about the role of the mediator. Bear in mind that the mediator doesn’t actually hand down any decisions, which makes this a different process than litigation or arbitration. The mediator is instead appointed as a neutral third party who will try to help the parties and their counsel find a consensual resolution to disputed bankruptcy issues so that neither party has to go through litigation. The mediator’s role is to gain an understanding... Read More

Will Mediation Stop My Client’s Foreclosure?

A client can easily become consumed with fears over losing their Miami home to foreclosure. If you’ve spent any time researching how to move forward with the case, you’re likely wondering whether mediation can help stop their Miami foreclosure. The good news is that many people have been able to use mediation to stop the foreclosure of their home, and mediation tends to help people reach an agreement with the lender sooner rather than later. As foreclosure conversations become more serious, it’s a good idea to attempt to resolve outstanding issues before it becomes too late. That’s where you might... Read More

Most Common Causes Behind Partnership Disputes

A business venture between two partners can be exciting and rewarding, but all that can come to a halt when a partnership dispute emerges for a Miami-Dade business. Partnership can be like marriage, requiring the right commitment, the right circumstances, and the right people in order to work over the long term. Like any other relationship, a business partnership can unravel when the partners disagree. There are numerous issues that could be at fault in a Miami-Dade partnership dispute. If the business partners no longer have a common view about the future direction of the company or about the value... Read More

Civil and Commercial Business Litigation in South Florida: Choosing a Clawback Mediator

When your clients come to you in distress after finding out they have unwittingly invested in a Ponzi scheme, you need to take immediate action. You need to determine the depth of their involvement and to obtain and review whatever documents show the extent of their knowledge or lack of it concerning the workings of the Ponzi scheme. And, perhaps most importantly, you have to advise and prepare them for the possibility that a court-appointed trustee or receiver will initiate clawback litigation and that it could cost them a lot of money. Avoidance actions, often styled as actions to recover... Read More

Business Dissolution in Miami

No one launches a business as a temporary activity; the goal is always to build and grow and open up the market. Growth is the keystone of any business plan, and sometimes the hardest part about business dissolution in Miami and elsewhere in Florida is the initial decision to close. Admitting that a business has failed can be psychologically difficult. This often means that by the time your client comes to you for assistance in a tumultuous or hostile business dissolution in Miami, the relationship between them and their partners, investors, or creditors is already severely strained. Mediation is frequently... Read More