Do you want to let a judge or jury decide your case?
When a case goes into litigation, if it isn’t resolved, a judge or jury will decide whether you or your opponent wins. As any honest and experienced attorney will tell you, there are no guarantees in litigation. A case can look great, but by the time it gets to a jury, or from a jury’s perspective, the other side’s position looks better. There are so many moving parts in a lawsuit, that even what looks like a small issue can skew the case in the wrong direction.
Also, even if your case looks and stays solid, a jury might not value your pain and suffering in the same way, or may believe the other expert witness’ valuation of your damages. That can result in you winning, but receiving less than you expected.
These are good reasons to seriously consider mediating your dispute. In a mediation, you decide how much to offer, or how much to accept, to settle your case. A mediator, who does not have the power to decide, is a neutral third party, who listens to both sides, and helps to facilitate a settlement. Generally, a mediator should have experience in litigating cases, and have the right demeanor and personality.
Andreas M. Kelly, Esq. has been admitted to the Florida Bar since 1999, and has litigated over 1000 cases, from the Plaintiff’s side and the Defendant’s side. He is now also a Florida Supreme Court Circuit Court Certified Mediator, and can help to settle your case. Call now for a free consultation: 305-592-1192.
Your Case Can Be Mediated Anytime
In many jurisdictions, the Courts require that parties attend Mediation at the pretrial conference (in Small Claims cases), or when a case is set for trial in Circuit Court. However, the parties can request mediation anytime; it can be requested informally by suggesting it directly to the other party or parties in the case (or their attorneys), or by filing a Motion asking the Court to require attendance. Also, if you are involved in a dispute with another party, and either of you is considering or threatening litigation, you might consider Pre-Suit Mediation. It can save you a lot of headaches, legal fees and costs, and get the case resolved so that you can move on with your life or business.
Mediator Kelly can provide Mediation services at any stage of the process. Call us at 305-592-1192.
If you have a dispute that you would like to resolve, and would like to engage Mr. Kelly to act as a neutral Mediator, call 305-592-1192 today to schedule a Mediation.
Mediation is different from Arbitration and Litigation in several ways. First, it is generally a voluntary process, in that the parties make the final decision whether to accept a settlement, not the judge, jury or arbitrator(s). Also, Mediation is informal, in that there is no testimony, discovery or exchange of any documents, other than those documents a party wishes to provide the mediator to review. The process consists of each side presenting a brief summary of their positions, and then caucusing, where the parties discuss their goals with the mediator, independently of the other parties. Based upon their positions, each party proposes a settlement option, and hope to reach a mutually agreeable solution.
Attorney Kelly is a Florida Supreme Court Certified Circuit Court Mediator. A mediator must be neutral, and assists parties to reach a settlement that they can all agree with. As distinct from a judge in a lawsuit, or a panel in arbitration proceedings, a mediator does not make findings or issue decisions regarding a case. Instead, a mediator acts as a “go-between,” to listen to each party’s positions and arguments, and help them agree on terms that they determine. Since no attorney or party can ever predict what a jury’s decision will be, mediation is an excellent alternative, in which the parties decide what is in their best interests. If you would like to engage Mr. Kelly to mediate your dispute, please call us at 305-592-1192.
If you retain Attorney Kelly to provide Mediation services, he will commit the following:
- Provide neutral services
- Thoroughly review the documents that you provide
- Work with you and your opponent(s) to understand the issues, factual discrepancies and potential outcomes
- Guarantee to provide the best Mediation services possible
Nothing in this website shall be construed as legal advice, or the establishment of an attorney-client relationship. The hiring of a lawyer is an important decision that should not be made solely upon advertisements. Before you decide, ask us to send you free, written information about Andreas M. Kelly, P.A, and our firm.