Dispute Resolution

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Dispute Resolution

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MEDIATION

  • Certified Circuit Civil Mediator in the State of Florida (serving all circuits).
  • Mediations in English, Portuguese, Spanish, French and Creole.
  • Bi-lingual and Multi-lingual Mediation.
  • Pre-suit and Court-Ordered Mediation.
  • Commercial, Corporate, Insurance, Real Estate, Intellectual Property.
  • Environmental, Energy, “Green Tech.”
  • Employment, Health Care.

 

WHAT IS MEDIATION?

Mediation is the least adversarial method of alternative dispute resolution and the least expensive. It involves an impartial third person (the mediator) who assists in negotiating an out of court settlement. Unlike other forms of dispute resolution, mediation is a voluntary process whereby the parties are solely empowered to determine the result of the mediation—i.e. whether or not to settle.

Mediation differs from litigation and arbitration in that it promotes a resolution agreeable to all parties, rather than imposing a ruling that determines a winner and a loser. Mediation also offers a wider range of possible remedies—i.e. whatever the parties agree to—as compared to litigation and arbitration where remedies are prescribed by law.

MR. CORADIN’S MEDIATION STYLE

“As an attorney, I have represented multi-national corporations and international banks as well as start-ups, high net worth individuals and indigents. I have worked on different continents, on Wall Street and in refugee camps. I have owned a business. I have worked with governments and with community organizations. These experiences have led me to believe that, in any dispute, each side brings their respective views, desires, knowledge and concerns and these must be pragmatically but respectfully considered in order for a dispute resolution to occur.

As a mediator, my goal is to help parties settle their case and find mutually acceptable compromises. The particulars of each case and the parties may dictate the optimal approach for mediation. I may assist each party in analyzing their case’s strengths and weaknesses, as well as the risks, probabilities of success at each stage of a court proceeding, and the emotional, financial and opportunity costs over time associated with a protracted litigation. However, as a mediator, it is not my role to judge or impose my views on the parties. My approach to mediation is to understand the underlying needs and interests of the parties so that they may determine a negotiated outcome to their dispute.”

Ahpaly Coradin, Esq.

ARBITRATION SERVICES

  • Qualified arbitrator in the State of Florida.
  • Able to Arbitrate in English, French, Portuguese, Spanish and Creole.
  • Binding and Non-Binding Arbitration.
  • Commercial, Corporate, Real Estate.
  • Environmental, Energy, “Green Tech.”

In arbitration, the parties appear out of court before a non-judge neutral third person or panel with specialized knowledge in the area being litigated. In this form of dispute resolution, the arbitrator or arbitration panel decides the dispute based on oral arguments and evidence presented. If the decision is binding, it is usually not appealable and marks the end of the litigation as to the issues decided. If the decision is non-binding, it may help the parties assess their cases and speed a resolution. Arbitration awards are often easier to enforce in foreign countries than court judgments.

dispute resolution

MEDIATION-ARBITRATION

In this arrangement, the parties agree in advance that if they are unable to achieve a dispute resolution using mediation, they will arbitrate and receive a non-binding or binding judgment on all or part of the issues which remain in dispute.

In these instances, the mediator will typically end the mediation, then assume the role of arbitrator and decide the dispute. The advantage of a mediation-arbitration is that it can allow the parties to resolve issues on which they are at an impasse, without resuming litigation or having to schedule a separate arbitration hearing. The parties also have a greater incentive to come to a dispute resolution because failure to settle could result in an adverse outcome.

To book a mediation, arbitration or mediation-arbitration with Mr. Coradin, contact us.

This post is also available in: French, Portuguese (Brazil)