Partner, Alfonso J. Pérez, Esq. acting as a mediator, just settled a dispute between foreign investors in excess of 50 million dollars involving premier lawyers in our community. Mr. Pérez’s ability to communicate as an effective mediator in Spanish was an instrumental element in the process.
With the surge of expensive litigation cases clogging the Florida court system and causing a lengthy backup for even the simplest of cases, a new trend in dispute regulation is becoming even more popular – mediation.
MEDIATION: is a process of dispute resolution that involves a certified and trained third party who works with both sides of the dispute in an informal discussion to help resolve the dispute. It is used in many business disputes, including labor negotiations, business contract litigation, and employment disputes.
So, you might ask, why mediation? Below are a few of the benefits:
1. Timeline – most court cases now require mediation prior to trial anyway. With mediation, parties do not have to wait for a scheduled court date where a judge and jury will decide the fate of their case. Mediation is an effective and time conscious approach to settling.
2. Cost – since mediation is not as long and drawn out of a process as appearing before a judge and jury, the parties may save significant costs and the time value of money by resorting to mediation early in the dispute.
3. Control – mediation allows all parties to be in control of their own destiny. The mediator meets with all parties, including their attorneys, as one group. Then, the mediator suggests to each party, with attorneys present, the recommended next steps for a successful closure.
4. Confidentiality – mediations are confidential and all involved parties are prohibited from using the information outside of the mediation process. Not only does this allow parties to rest assured knowing their information is not being shared, it also enables them to speak openly.
5. Results – properly handled mediations make for satisfactory results for both sides.
Alfonso J. Pérez, P.A., is a Certified Circuit Court Mediator (English or Spanish). He is also a partner of the law firm RASCO, KLOCK, PEREZ & NIETO, P.L., having practiced law for 38 years. Mr. Pérez received an accounting degree in 1973 and a law degree in 1976. Mr. Pérez can be reached at 305.476.7100 or via email at aperez@rascoklock.com.