ABOUT US
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.
CONFIDENTIALITY
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.
MEDIATION SERVICES
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.
HOW DOES MEDIATION WORK?
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.
WHY ATLANTIC DISPUTE RESOLUTION?
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