By a Mediator Of Investment Disputes in South Florida
Introduction
Mediation is an informal process in which a trained and impartial mediator facilitates negotiations between disputing parties, helping them to find their own mutually acceptable resolution. What distinguishes mediation from other forms of dispute resolution - principally, arbitration and litigation - is that the mediator does not impose the solution, but rather, helps make it possible for you and the other party to form and accept a solution yourselves. You may want to consider mediation before entering and/or during arbitration proceeding.
Mediation is not structured rigidly. The actual process varies from case to case, depending largely on the mediator's "style" and the frames of mind of those involved. In some cases, you and the other party might meet to discuss the issues face-to-face, with the mediator there to help you remain focused and calm. In other cases, the mediator might hold private caucuses (meetings) with each of you separately, and would then carry messages - offers, counter offers, questions, demands and proposals - back and forth between you. Often, the mediation process consists of a combination of both methods, plus any other technique the mediator feels is useful in moving the negotiation forward.
At The Law Offices of Robert Wayne Pearce, P.A., we offer skilled mediation services backed by more than 30 years of experience in litigating and arbitrating investment disputes in specialized practice areas. Mediation is a nonjudicial process for resolving disputes, and it allows parties to work together to reach an agreement, rather than have an arbitrator-judge decide as in arbitration. Attorney Pearce has acted as the mediator in many disputes involving investors and brokers/investment advisors.
Mediating investment disputes throughout Florida and across the country.
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To retain Mr. Pearce as a mediator or to schedule a confidential consultation about whether mediation may be a viable option in your case, contact us or call us toll free at 800-732-2889.
The Mediator's Role
The mediator's role is to guide you and the other party toward your own solution by helping you to define the issues clearly and understand each other's position. Unlike an arbitrator or a judge, the mediator has no authority to decide the settlement or even compel you to settle.
The mediator's "key to success" is to focus everyone involved on the real issues of settling - or the consequences of not settling. While the mediator may referee the negotiations - and define the terms and rules of where, when, and how negotiations will occur - he or she never determines the outcome of the settlement itself.
The mediator also serves as an agent and mirror of reality. With the help of the mediator, disputants often see things they initially did not want to see (like the weaknesses of their own case and the strengths of the other party's case) or they get a clearer view of matters previously distorted by anger and emotion. Since securities industry mediators are knowledgeable in the areas of controversy, they can often give each side an expert, but unbiased, view of the strengths and weaknesses of the case overall.
Benefits of Mediation in Business Disputes
Historically, business disputes submitted to professional mediation services have a high settlement rate. You may consider mediation successful even when the dispute does not settle fully in the mediation process. Sometimes parts of a dispute settle in mediation, leaving fewer or less severe differences to be settled in arbitration or litigation - translating into huge savings of time and money for everyone involved.
Generally, the mediation process improves communications, helps to narrow the issues involved, clears up misunderstandings, diffuses emotion, and defines areas of agreement so that future dispute resolution efforts, especially in arbitration, can become more efficient, effective, and more likely to produce settlement down the road.
Schedule Your Free Initial Consultation With a Securities and Commodities Law Mediator Attorney
Mr. Pearce is a lawyer who not only represents clients in Financial Industry Regulatory Authority (FINRA) arbitrations and mediation, but also actually serves as a mediator for FINRA. He also serves as a Florida Circuit Court civil mediator and helps parties resolve civil litigation disputes.
For a hard working Mediator or dedicated representation by a law firm with substantial experience in all kinds of securities, commodities, trust, contract, employment and investment industry mediations, contact The Law Offices of Robert Wayne Pearce, P.A. by phone at 561-338-0037, toll free at 800-732-2889 or via e-mail. We can also arrange a meeting with you at offices located in Boca Raton, Fort Lauderdale, Miami and West Palm Beach, Florida and elsewhere if we believe you have a viable case or defense.
