Atlantic Dispute Resolution offers arbitration and professional confidential mediation services by Supreme Court Certified, neutral mediators who work tirelessly to explore all avenues to a potential resolution of your dispute. We have all heard the line that "a successful mediation is one where all parties leave unhappy." Well, we don't believe that is the mark of a successful mediation or that it should be the goal of your mediator. Our goal is always to find a resolution that leaves all parties feeling good about it. One that leaves all parties feeling that they were able to achieve a fair resolution of their dispute in an efficient manner while maintaining some control over their own destiny and avoiding the unnecessary risks associated with trials. Contact us today to schedule your mediation.
When legal conflicts arise, traditional courtroom litigation isn't the only path forward. Today's dispute resolution landscape offers several alternatives, each with distinct advantages. While mediation and arbitration have served as established options for years, an innovative hybrid approach is reshaping how parties resolve conflicts.
The strength of mediation lies in its transformative potential. By bringing parties together in a structured but informal setting, it creates opportunities for mutual understanding that courtrooms rarely provide. Participants often discover new angles to their disputes and gain valuable insights into the other party's position. This improved understanding frequently leads to settlements, whether during the mediation session or in the weeks that follow.
For those seeking a more formal process while avoiding court, arbitration fills a crucial gap. Its streamlined procedures and flexible scheduling make it particularly attractive to businesses and individuals who value efficiency. The private nature of proceedings adds another layer of appeal, especially for sensitive matters. While maintaining legal rigor, arbitration typically moves faster than court litigation and often proves more cost-effective. Arbitration can be binding or non-binding.
Recent innovations in dispute resolution have led to an intriguing development: combining mediation and arbitration into a single, fluid process. This approach allows parties to attempt peaceful resolution through mediation while maintaining arbitration as a backup. The construction industry has particularly embraced this model, incorporating it into standard contracts. The hybrid model is gaining popularity across practice areas and among judges.
The primary hurdle in hybrid proceedings involves information management. There are times during a mediation when information is shared with the mediator in confidence, however, nothing is confidential in an arbitration. Ex-parte communications are not permitted in that process. When one neutral party serves both roles, they must carefully navigate the shift from mediation's confidential discussions to arbitration's transparent process. One potential solution involves conducting the arbitration and sealing the arbitration decision before attempting mediation. The arbitrator/mediator would draft the arbitration decision and withhold it until after the mediation. If the case is not settled at mediation, then the arbitration decision can be served on the parties and filed with the court according to local rules of procedure.
As legal costs continue to rise and court backlogs grow, hybrid dispute resolution offers a promising path forward. Its flexibility and efficiency make it particularly suited to complex disputes where parties seek both the collaborative potential of mediation and the decisiveness of arbitration.
Atlantic Dispute Resolution Can Help Resolve Your Dispute. To schedule your mediation, click here or call (786) 636.1222
Our mediators have extensive experience with cases involving serious personal injury, medical malpractice, commercial and residential property insurance claims, insurance bad faith, negligent security, premises liability, nursing home negligence, automobile accidents, commercial trucking accidents, construction defects, maritime negligence, cruise line negligence and aviation accidents. They are intimately familiar with the issues that arise in these types of cases and with the challenges and risks the parties face.
With very few exceptions, everything said during a mediation is strictly confidential. This means that your mediator will not communicate anything they learn from any party or attorney to any other party or attorney unless specifically authorized to do so. It also means that you as a participant in the mediation process may not tell anyone about what transpired at your mediation, including the terms of any settlement agreement that is reached.
Most of the judges in the state of Florida issue an order in every civil case requiring the parties to go to mediation before their case will be permitted to go to trial. Some cases are ripe for mediation before a law suit has been filed. Our mediators offer mediation services for cases that are in litigation as well as cases at the pre-suit stage.
Mediations can take place in our office, in the offices of counsel for one of the parties, at a neutral site or on Zoom. Neutral site accommodations for mediations must be arranged for by the parties or their counsel. If an interpreter is necessary for any party to be fully engaged in the mediation process, their attorney should secure the services of an interpreter in advance of mediation.
Your mediator will review a mediation summary, if you choose to submit one before the mediation. Mediation summaries are helpful in explaining the major issues which are in dispute and the settlement negotiation history of the case so your mediator is better prepared to explore all possibilities for an amicable resolution.
If your mediation results in a settlement, your mediator will prepare a mediation agreement to document the general terms of the settlement and notify the court where your case is pending that a settlement was reached at mediation. More specific settlement agreements and/or releases are usually entered into at a later date shortly following the mediation.
If no settlement is reached, your mediator will notify the court where your case is pending that mediation resulted in an impasse. While an impasse means your case was not settled at mediation, it does not mean that there is no hope of settling your case. Very often, mediation opens a dialogue between the parties which continues after an impasse and many cases are settled sometime between a mediation impasse and the start of trial.
When a mediation session is scheduled with Atlantic Dispute Resolution, the parties come together in an informal, confidential setting in the spirit of mutual compromise to explore the possibility of settlement.
Most mediations begin with each party, usually through an attorney providing a brief opening statement. The opening statement gives each party an opportunity to hear how the other side views the case and, more importantly, an opportunity to hear what a judge and jury will hear from the other side at trial.
After the opening statements, the parties will separate into "break-out rooms" where they can discuss various issues in private. When appropriate, your neutral mediator will join the break-out rooms and discuss the issues with each party.
Depending on the complexity of your case, mediation may be concluded in the span of a couple of hours and some may last several days. Sometimes, a second mediation is scheduled after an initial impasse.
Atlantic Dispute Resolution offers mediators with the experience to understand the issues and the risks associated with your case and who have a passion for resolving conflict. Our mediators will work tirelessly to identify areas where compromise can occur and where cases can be resolved. Our work begins before your mediation date and often continues after your formal mediation ends.
Atlantic Dispute Resolution Can Help Resolve Your Dispute. To schedule your mediation, call today at (786) 636.1222
Experienced trial lawyers turned dedicated mediators.
James Hannon is a native of Miami, Florida and a Supreme Court Certified Mediator and an arbitrator offering state-wide services as a mediator and arbitrator in cases involving medical malpractice, nursing home negligence, commercial and residential first party property insurance claims, insurance bad faith, construction defects, personal injury, wrongful death, negligent security, premises liability, defective products, maritime negligence, and professional liability claims.
Before concentrating on mediating cases for other lawyers and litigants, Jim successfully litigated cases in these practice areas throughout the state of Florida. He has over 30 years of experience in successfully litigating cases involving the practice areas listed above representing both plaintiffs and defendants in medical malpractice, personal injury and construction defect cases.
Mr. Hannon holds an AV Preeminent Rating – the highest rating for legal skill and ethics – in the Martindale-Hubbell Legal Directory and has been repeatedly recognized as one of the "Best Lawyers in America" in US News & World Report and Best Lawyers as voted on by his peers, as one of the Top 100 Trial Lawyers by The National Trial Lawyers Association, as a " Top Lawyer " in the South Florida Legal Guide, as one of Florida's " Legal Elite " in Florida Trend Magazine, as a "Florida Super Lawyer " in Super Lawyers Magazine where he was also voted one of the Top 100 Lawyers in Miami for 2012 and 2014 and as a "Legal Impact Leader " in Business Leader Magazine. Additionally, he was awarded membership in the Million Dollar Advocates Forum which recognizes the "top trial lawyers in America for their ability to accomplish superior results in large and complex cases."
Litigating throughout the state of Florida, Mr. Hannon has achieved numerous multi-million dollar awards for his clients including a multi-million dollar jury verdict which was recognized as one of the largest personal injury verdicts in the state of Florida that year.
Active in many legal and community organizations, Mr. Hannon has served or currently serves on the Boards of Directors of the Dade County Bar Association, the Miami-Dade Trial Lawyers Association and the Miami Science Museum Reclamation Project. He currently serves on the board of directors for Wellspring Counseling, Inc., a non-profit counseling center in Miami and Westminster Christian School in Miami. Mr. Hannon has also been a frequent lecturer on the topics of negligent security and property insurance claims and has served as a volunteer for Community Partnership for the Homeless, Alonzo Mourning Charities and for his church.
Mr. Hannon earned his law degree from the University of Miami School of Law and his bachelor's degree from the University of Miami.
Sherin Waggy is a native of Miami, Florida, and a Supreme Court Certified Mediator at Atlantic Dispute Resolution.
Before concentrating her practice on mediations, Sherin spent 12 years litigating commercial and residential property insurance claims, construction defect cases, and personal injury cases. She is experienced in all aspects of federal and state civil litigation with a primary focus on representing individual property owners in their claims against insurance companies and people who have suffered injury as the result of negligence and medical malpractice.
Ms. Waggy began her legal career defending some of the largest insurance companies in Florida. After gaining valuable litigation experience, she left insurance defense and restricts her practice to representing plaintiffs. Having secured millions of dollars for her clients, she provides experienced mediation services as part of Atlantic Dispute Resolution. Ms. Waggy is a member of the Miami-Dade Trial Lawyers Association.
I had the pleasure of mediating one of my cases with Mr. Hannon and he was excellent! Not only did he take the time to fully explain the process to the insureds at the beginning of the mediation, but he worked tirelessly to ensure the parties were able to reach an agreement. He did so much more than go from room to room relaying offers. He offered creative solutions to both parties which I wholeheartedly feel contributed to the resolution of the case. I highly recommend Mr. Hannon for all mediation needs and look forwarding to working with him on many others!
Initially, I first mediated with Mr. Hannon at the suggestion of opposing counsel. He did an excellent job, and is a very active mediator, who genuinely cares about getting the matter settled. Since then, I have mediated with him several times on varying first-party property cases, and I have been impressed every time on how he approaches the issues and handles even the most difficult parties. Also, he makes the effort to call and discuss the case prior to mediation, which I really appreciate. I highly recommend him.
Our work begins before your mediation date and often continues after your formal mediation ends. Contact us today to schedule your mediation or arbitration.