Mediation Services

Mediation is a process of principled negotiations. "Principled negotiation ... is to decide issues on their merits rather than through a haggling process focused on what each side says it will and will not do. It suggests you look for mutual gains wherever possible, and that where your interests conflict, you should insist that the result be based on some fair standards independent of the will of either side. The method of principled negotiations is hard on the merits and soft on the people. It employs no tricks and no posturing. Principled negotiation shows you how to obtain what you are entitled to and still be decent. It enables you to be fair while protecting you against those who would take advantage of your fairness." Getting to Yes by Roger Fisher.

"Choosing the mediator is an important decision"

I became a Florida Supreme Court certified mediator (circuit civil, county and family) in 1989.
Since then, I have mediated over 2,500 cases of every type and variety. I have firmly established a reputation as a strong, creative and tireless professional committed to a philosophy of neutrality combined with a rigorous, activist approach to problem solving. My 21 + years of mediation experience includes labor and employment mediation, divorce mediation, mediating intellectual property disputes, mediating commercial claims, real estate law (including financing, land use and foreclosure) and insurance coverage and bad faith claims.

Click any of the following specific areas of expertise for more information:

I have been involved with labor and employment law since graduating from law school in 1973. The field has undergone profound and far reaching changes during the past 3 decades. Throughout that time, I have maintained my expertise in this highly specialized area both as a lawyer and a mediator. I bring to the negotiating table three essential strengths as your mediator:

1. I understand how these claims are tried in the courtroom.
2. I understand labor and employment law.
3. I understand the underlying emotional and psychological issues that drive workplace conflicts.

Since I began mediating in 1989, I have mediated the entire gamut of labor and employment law topics in several hundred cases across a wide variety of industries. This is a unique and ever-changing area of the law and one in which subject matter expertise can prove helpful.

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I have mediated and arbitrated customer claims for the NASD and the New York Stock Exchange. I was also selected for the national panel of mediators in two important class action lawsuits involving employment law issues in the securities industry, Cremin, et al. vs. Merrill Lynch, Class Action Claims Resolution Process (administered by Northwestern University Law School; Martens, et al. vs. Smith Barney, Class Action Claims Resolution Process (administered by Duke University Law School). I addition, I served as an arbitrator on the panel that decided the first claim in the Smith Barney case. My experience with the securities industry has given me an in-depth understanding of its most important and unique relationships - between the firm and its employees and customers and their brokers.

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In 2004 and again in 2005, Florida was hit by major hurricanes that resulted in more than 1.5 million total insurance claims. As a result, the State of Florida looked to the non-profit Collins Center for Public Policy to develop a mediation program to give homeowners, condominium associations, commercial property owners and the insurance industry a process that would help resolve their disputed claims. I was selected to join the Collins Center's panel of mediators and mediated more than 500 claims in South and Southwest Florida. Those claims involved complex insurance issues, claim adjusting disputes and powerful emotions. Despite the inherent difficulties, the program had a settlement rate of nearly 90%. I am a certified umpire for the Windstorm Insurance Network.

I have served on the National Panel of Mediators In re: The Prudential Insurance Company of America Sales Practices Litigation, Class Action ADR Process, another program administered in Florida by the Collins Center. I have also mediated a significant number of insurance bad faith claims.

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Mediating disputes between businesses represents a significant part of my practice. Business disputes involve a unique array of negotiating issues not found in other kinds of conflicts. Often, the parties have valuable long-term relationships that they want to preserve. At the same time, these complex on-going business relationships can make direct negotiations a real challenge. As your mediator, I can help resolve the dispute and, at the same time, work to repair and preserve the underlying relationships. American companies are more and more frequently doing business in the global economy. Their foreign partners often have vastly different attitudes about how best to resolve disputes. To that end, my experience mediating such cases allows me to effectively assist both parties in identifying these differences and dynamics. The result is a mediation framework that enhances the chances of a successful negotiation.

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There is a worldwide effort underway to develop a set of comprehensive systems to manage intellectual property. Mediation occupies a central place in the resolution of conflicts that arise in this often complex and uncharted field. I have attended the World Intellectual Property Organization's (WIPO) advanced mediation training in Geneva, Switzerland, and serve on its panel of mediators. The World Intellectual Property Organization is a specialized agency of the United Nations dedicated to developing a balanced and accessible international intellectual property (IP) system, which rewards creativity, stimulates innovation and contributes to economic development while safeguarding the public interest. Central to its mission is the development of an alternative dispute resolution program that can provide accomplished mediators able to help resolve these unique conflicts. With this special training and my nearly 20 years of mediation experience, I offer the skills and background necessary to successfully mediate these challenging claims.

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I have very extensive experience mediating complex real estate claims. The cases have involved residential and commercial foreclosures, breach of contract issues and land use disputes involving multiple parties, including government regulatory agencies. I have been mediating foreclosure cases in Florida both privately and through court-based programs.

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Truly representing oneself

The legal term pro se means, "for oneself". And if you're considering a pro se divorce, you're probably aware of its benefits for your specific situation. However, most pro se divorce couples believe they must visit a lawyer to file an initial court action. That's not true in Florida, where mediation is available before anyone files a court action. The Florida Supreme Court certifies mediators to help pro se divorce couples resolve even the most difficult conflicts without ever involving a lawyer.

"Mediation is available before anyone files a court action"

Avoiding Court

Divorce is stressful and courtrooms are stressful. Why combine the two when couples can resolve the complicated, emotional issues of divorce without ever entering a courtroom? Mediation provides a less stressful, more sensible venue for negotiations. And a mediator will not only facilitate the process, but allow both parties (and their children) to move forward with their lives more easily.

The mediation process is confidential and informal. You maintain control over the process, and you - not a judge! - decide the outcome. An impartial mediator assists both parties in resolving their dispute, allowing them to reach their own agreements. Mediators present practical, creative solutions that are tailored to each couple's specific needs.

"You - not a judge! - decide the outcome"

Mediation can resolve even the most hotly contested issues, including:

• Time sharing with children
• Child support
• Division of marital assets
• Alimony

Pro se mediated divorce has many advantages:

• Avoid hiring separate lawyers and paying two retainers
• Avoid depositions, interrogatories, hearings and a trial
• Control the outcome to meet your needs and those of your children
• Finish in a reasonable time frame

Choosing the right mediator

Family mediators should have an in-depth understanding of family law. One of the important services provided by a family mediator is assistance in completing the forms required by the Court. These may include a Marital Settlement Agreement, financial affidavits and the forms that relate to children. The divorce process is, after all, a legal process and familiarity with the law is essential.

The Florida Supreme Court certification process does ensure competency with legal matters, but it is also important to choose a mediator who you're both comfortable talking to. In this regard, an experienced mediator will have worked with a wider range of personalities. Take the time to chat informally with your prospective mediator about your needs as a couple before making a final decision.

"Choose a mediator who you're both comfortable talking to"

Non-married and same-sex couples

Non-married and same-sex couples who wish to separate face the same challenges as married couples. Their lives become intertwined both emotionally and financially. In the absence of a legal marriage contract, mediation still offers sensible, binding resolutions to financial, property, sweat equity and custody disputes.

Same-sex couples also face some unique challenges. Since common-law marriages are not available to gay and lesbian couples, it can be difficult to prove financial and emotional aspects of the relationship. There may be a formal relationship agreement, documented commitment ceremony, will or powers of attorney to consider. In all cases, a mediator can help you reach a mutually acceptable agreement.

"Same-sex couples face the same challenges as married couples"

How I can help

I have been mediating divorces since 1989. I draw on more than 20 years of experience as a lawyer representing both husbands and wives in contentious and difficult divorces. I have developed a reputation for engaging even the most reluctant divorce participants and helping them actively participate in the mediation process to achieve reasoned, enduring outcomes.

I will also help you complete the necessary forms and draft an enforceable settlement agreement that accurately reflects the terms of your settlement. Thereafter, I recommend that a lawyer review the document to provide an independent opinion. This ensures that the written agreement matches your exact understanding. That way, my clients pay only for the time it takes to work through the issues of their divorce.

For more information about me online, read about my experience and view my resume.

Or better yet, call and introduce yourself.

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