Ansbacher Law’s mediation attorneys are experienced in representing clients in mediation. We put the same effort into preparing for mediation as we do preparing for trial. We present our client’s case to the other side and advise our client throughout the process. If settlement terms are reached at mediation, our extensive contract experience allows us to assist our client in “buttoning down” the deal so that a poorly written settlement agreement does not resolve the first dispute only to result in another claim.
Mediation Attorneys | Ansbacher Law
Barry Ansbacher is certified by the Florida Supreme Court as a Certified Circuit Mediator. Certification requires 40 hours of special training in mediation skills and techniques. To maintain certification, ongoing education in mediation law and skills is also required. Appointment as a Certified Circuit Mediator allows Barry Ansbacher to mediate civil disputes when selected by the parties to a dispute or when appointed by a Florida Circuit Court Judge in the course of a civil lawsuit pursuant to section 44.102 Florida Statutes. If you are interested in scheduling Mr. Ansbacher to conduct a mediation of your dispute, just contact us.
What is Mediation?
Mediation is a process for parties to resolve any civil dispute. Unlike the result of a court judgment or arbitration award, any settlement through mediation requires the approval of all parties. Although a settlement achieved through mediation is always voluntary, the decision to participate in the mediation is not always up to the parties. Contracts often require parties to attempt resolution through mediation before filing a lawsuit. In addition, in many civil lawsuits, the judge will order the parties to mediate. So you may have to attend and participate in mediation, but a mediator can never require anyone to agree to a settlement.
To encourage open discussion, communications at mediation are confidential and privileged pursuant to the Mediation Confidentiality and Privilege Act, subject to the exceptions set out in that act. The act applies to mediation conducted by agreement of the parties or required by the court unless the parties specifically opt out in writing. In general, the law prohibits any party participating in mediation, including the mediator, from disclosing anything communicated by another party at (and in some cases before) the mediation. This confidentiality requirement can be enforced by legal action, including equitable relief (an order from the court requiring compliance) and recovery of money damages. The party bringing a claim for violation of mediation confidentiality may also be able to recover the costs of mediation and their attorney’s fees incurred in bringing the enforcement action.
In most instances, the mediator is selected by the parties to the dispute or their attorneys. The Supreme Court of Florida, through the Dispute Resolution Center, certifies mediators in the areas of county court, family, circuit court, dependency, and appellate cases. Although most mediators are also attorneys, non-attorneys may also be certified through appropriate training and experience. Mediators who are certified by the Florida Supreme Court are bound by the ethical standards imposed by the Florida Supreme Court, in addition to the Mediation Confidentiality and Privilege Act. Barry Ansbacher is certified as a circuit civil mediator.
Mediation of Homeowner Association & Condominium Association Disputes
Florida Law, section 720.311 Florida Statutes, requires presuit mediation of many disputes involving a Florida homeowner’s association before a lawsuit is filed, including covenant enforcement disputes, disputes over amendments to the association documents, disputes regarding board and committee meetings, and access to the official records. Disputes subject to presuit mediation do not include election disputes or the collection of any assessment, fine, or other financial obligation, including attorney’s fees and costs. Section 718.1255 Florida Statutes, of the Florida Condominium Act, allows a party to submit most disputes with a Florida condominium association to presuit mediation in lieu of nonbinding arbitration; election and recall disputes, however, are not eligible for mediation and must be arbitrated by the division or filed in court. Ansbacher Law has experience in mediation of both association vs. owner and owner vs. owner disputes. Barry Ansbacher is also available to serve as a mediator for such disputes. To initiate presuit mediation concerning the operation of a community association, you need to send a written demand to the other party describing your dispute and proposing five certified mediators. The other party then must respond to the demand and may select one or more of the mediators proposed.
A form to initiate the mediation process is available here.
A Microsoft Word Version of the form is available here.
Mediation Attorneys in Jacksonville
Contact us today for additional information or to arrange a consultation with an Ansbacher Law mediator.