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Preparing for Mediation in Florida

Many Florida attorneys perceive mediation as just another step on the way to a trial. However, mediation should be treated as if it were a trial, since the outcome of the case is at stake and since a case is far more likely to be resolved at mediation than by means of a trial. You should study your entire file as you begin preparing for mediation in Florida. Be sure to review all pleadings, discovery, motions, deposition transcripts, notes, and other items that you have in your possession. Chances are, there may be a detail or two that you have... Read More

Successfully Mediating Contract Disputes

Contract disputes can involve however many parties are involved in a transaction, whether it is a deal among Fortune 500 companies or a simple agreement between two individuals. In most cases, contract disputes will lend themselves nicely to mediation, which will significantly increase the chances of settling the dispute. Mediation gives the parties a broader range of possibilities than a court can provide for resolving their dispute and can be tailored to meet the particular needs of all parties. To successfully mediate contract disputes in Miami Florida, you must ensure that every party and attorney has an understanding of the... Read More

Mediating Lien Contests in Florida

Lien contests can grow into complex disputes between property owners, homeowners’ associations, contractors, or even local governments. These cases can take a significant amount of time, tying up your firm resources and costing your clients money and time. Mediating lien contests in Florida allows the parties to settle their case as they see fit. Florida lien contest laws are confusing to most of the parties involved, so resolving these disputes quickly benefits each party. Plus, since mediation does not require the filing of a lawsuit, the contractor or builder’s name may be protected, and the homeowner will save legal fees.... Read More

How to Mediate Complex Business Disputes in Florida

Taking complex business disputes to trial can be quite a gamble. Such cases may be resolved in a variety of ways, depending on the judge and the members of the jury. Rather than risking an unfavorable ruling, many attorneys have turned to mediation to settle complex business disputes. Understanding how to mediate complex business disputes in Florida is essential to a successful session. Keeping a few points in mind as you prepare for mediation will increase your odds of settlement. First, you should be very careful in selecting a mediator. Although you and opposing counsel must agree on a mediator,... Read More

Mediating a Foreclosure Case in Miami

Most Florida foreclosure cases follow the same timeline: a homeowner misses several mortgage payments, the bank waits until that homeowner is at least 120 days behind on payments to initiate the foreclosure process, a court case is filed, and the formal foreclosure proceedings begin.  These cases are notoriously slow; it can sometimes take two and a half years to finalize a foreclosure case in Florida. Many attorneys who handle foreclosure cases in Miami have begun taking more of these cases to a mediator.  A high percentage of foreclosure cases actually settle at mediation.  The mediator helps the mortgage lender and... Read More