Mediation and Arbitration

Mediation and arbitration give parties alternatives to the lengthy and expensive litigation process. Often confused, mediation and arbitration are two very different processes. 

• Circuit and federal court mediation
• Binding and nonbinding arbitration

Mediation

Mediation is a form of structured settlement negotiations. It is a consensual, non-binding process in which the parties work with a neutral third party, the mediator, who acts as a facilitator to assist them in resolving their disputes. Although all cases in Florida must go to mediation before they can be tried, our attorneys often recommend that our clients consider mediation early in the litigation process, before significant expenses have been incurred.
We have several certified mediators who handle:

• Circuit court mediation
• Family law mediation
• Financial Industry Regulatory Authority Arbitration
• Commercial, construction, real estate, homeowner association, condominium association, corporate/partnership, personal injury, and other civil disputes.

The services of Henderson Franklin's certified mediators are available to other attorneys and parties not represented by the Firm.

Arbitration

Arbitration is an adversarial process where the parties present their evidence to a neutral arbitrator who then determines the parties' rights and obligations - similar to what a judge would do. Parties may choose arbitration because they have agreed in a contract that they will do so in the event of a dispute or because they decide to arbitrate as an alternative to litigation when a dispute arises. Arbitration can be either binding or nonbinding and is generally less time-consuming and expensive than litigation.

Henderson Franklin's litigators are skilled in negotiation and mediation and representing our clients in binding and nonbinding arbitration.

For further assistance in this practice area, contact Donald Thomson by phone at 239-344-1369 or email at donald.thomson@henlaw.com.

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