FAQ

Why should I choose one of ArbitrationAndMediationForFlorida’s team to be my Mediator or Arbitrator?

Each team member has earned high ratings from their fellow attorneys as a trial lawyer by fighting for their clients for decades. Each knows first-hand what happens in the court room and in the process of litigation. The jury system may be the best system of justice, but it is far from perfect. The Florida Supreme Court has certified each of our mediators in the Circuit Civil area and the others designated. Each is well equipped to give you the best possibility of resolving issues without the expense and heartache of pursuing the entire litigation process.

Each member brings their unique experience and human relations skills to perform at the highest level of excellence for you.

• Clark Jordan-Holmes brings his decades of experience in foreclosures, collections, personal injury, business and government law.
• Walter Aye brings his decades of experience in business law, employment law, trade secrets and covenants not to compete.
• Stephen Cheeseman contributes his experience in most civil matters, including contracts, personal injury and mortgage foreclosures.
• Constance d’Angeles has decades of experience, especially in the area of Bankruptcy and other foreclosures.
• B. Lee Elam was first certified in 1996, speaks fluent Spanish and has decades of experience in Workers’ Comp, personal Injury and most other areas of the law.
• John Wilcox is experienced in most civil matters, including complex litigation, environmental law, water law and infrastructure project development

Why should I choose mediation?

Perhaps the opposite question may be more appropriate.  Why not mediate?
Mediation is always a unique way of having conversations with the other side which can enlighten and may give you the best chance to resolve differences in the best way possible.  In the State of Florida mediation is almost always required. Clark encourages parties in a dispute to use mediation before suit, not after incurring the expenses of hiring attorneys and filing suit.  Such mediation can work even better by including attorneys in the pre-suit process.  Mediation is confidential, giving all parties a chance to communicate in a safe, collaborative environment. It also gives each side an up-close and personal assessment of the firmness of stated positions and the freedom of fashioning creative, out-of-the-box resolutions that can be a saving grace.

What is ADR?

ADR is the abbreviation for Alternative Dispute Resolution and is normally used to mean mediation or arbitration.  However, it can also mean anything short of violence as a tool to resolve differences. In that sense, ADR can include the following:

• Negotiation – Talking to one another.
• Having attorneys help resolve issues between their clients.
• Mediation
• Arbitration
• Lawsuits

How is mediation different from a lawsuit?

In a lawsuit, the people involved in the dispute put their future in the hands of attorneys and a judge or jury who see only a glimpse of their life revealed during the legal process.  Lawsuits are, by definition, an adversarial approach that can be demeaning to the other party.  Its greatest value is that it attempts to satisfy an urge for revenge that can be unquenchable and equally painful to all parties.  The outcome is not predictable and is not final until after everyone ceases to challenge the ruling by appeal or otherwise.  There are no guarantees that anyone will come out as the ‘victorious party’.  In the long run, everyone pays a price in litigation.

Mediation is fundamentally different.  It starts when the parties themselves choose to enter the process of mediation.  It begins and ends with the parties who have lived the dispute and know it from all angles in the role of decision-makers.  It gives the parties a safe environment to directly communicate with someone who has become an enemy.  It is intended to be non-adversarial and all information can be openly shared in a neutral environment.  It is a voluntary and confidential process.  Either party can withdraw or choose not to participate at any time.  The mediator does not judge who is right or who is wrong, but works with parties to help them arrive at a solution to satisfy their interests.  No tape recordings are made and no court reporter is present.  Unless required by law for public safety or other reasons, the mediator will not reveal anything discussed during the mediation to anyone other than the participants.  The mediator does not represent either party.  The mediation does not even, necessarily include lawyers.

Some advantages of mediation are:

• It is less expensive.
• It brings more facts and more feelings into the final agreement.
• The issues can be all inclusive, not limited by the boundaries a lawsuit contains.
• It can build better, more creative solutions.

More Questions?

Please send them to:
Admin@MediationForFlorida.com