Alternative Dispute Resolution and Mediation
Alternative Dispute Resolution and Mediation
The attorneys at Meland Russin & Budwick routinely use mediation and other forms of alternative dispute resolution (ADR) to help our clients advantageously resolve disputes.
Skilled Alternative Dispute Resolution (ADR) Attorneys
Our ADR practitioners are seasoned, successful trial attorneys. Some have formal ADR training, including Peter D. Russin, who is a Florida Supreme Court Certified Circuit Civil Mediator.
We use ADR to resolve a broad range of disputes including:
- Complex financial issues
- Corporate restructurings
- Bankruptcies and workouts
- Intellectual property and trade secret conflicts
- Contracts and commercial agreement disputes
- Business torts
- Real estate related disputes
Just as important, we proactively counsel our clients on practical ways to incorporate ADR into their daily business practices and we develop contract provisions, procedures, and guidelines on using ADR to resolve their disputes.
Mediation is an alternative dispute resolution procedure that provides the parties to a dispute with the opportunity to meet with a neutral – the mediator – in an effort to settle the dispute and avoid further litigation. Often, parties to a litigation matter pending in state or federal court are ordered by the court to mediate. In addition, some lawyers suggest to their clients that the parties to a dispute mediate before the filing of any lawsuit. The advantages to mediation include the benefits of potentially settling the matter, ending the litigation, and avoiding the costs and time associated with the litigation, thereby allowing the parties to focus on productive matters. Peter D. Russin is a Florida Supreme Court Certified Circuit Civil Mediator and is well-qualified to mediate a broad range of commercial disputes.
Private Judging is an alternative dispute resolution procedure that is more efficient than traditional litigation and affords the parties greater control over the process. In this procedure, the parties agree to have someone other than a sitting judge hear and decide their case. The private judge presides over the pretrial litigation and the trial in the same manner as a circuit judge with authority to enter orders on discovery and dispositive motions. When the private judge rules on the dispute, judgment is entered upon application by the prevailing party to the assigned circuit judge. The private judge’s legal conclusions are appealable as of right, but the judge’s factual determinations are subject to limited review. Peter Russin is available to provide Private Judging services.
Early Neutral Evaluation
Early neutral evaluation allows a party to hire a neutral third party to evaluate a case. The parties may present argument and witnesses and then obtain an evaluation of the case and discuss the evaluation in a productive manner that often leads to a resolution of the dispute. Peter Russin is available to perform an early neutral evaluation of a broad range of disputes.
Alternative Dispute Resolution Representative Matters
- Peter D. Russin was selected by the Debtor, Creditors Committee and Equity to mediate disputes in In re: Ecological Paper Recycling, Inc., Case No: 15-12159-BKC-LMI. The mediation resulted in a global settlement of all disputes.
- Peter D. Russin was selected by the parties to mediate disputes in Michael Keister v. Thomas James Segrave, et al., Case No.: 07-33032 CA 32. The mediation resulted in a global settlement of all disputes.
- Peter D. Russin was selected by the parties in the contested Chapter 11: In re Mahammad A. Qureshi, Case No. 11-29148-EPK. The mediation resulted in a global settlement of all disputes.
- Solomon B. Genet was selected by the parties to mediate the adversary proceeding of J. Stuart Baker v. Howard Storfer and Elida Storfer, Adv. Case No. 12-1236-BKC-JKO. The mediation resulted in a settlement of all disputes.
- Peter D. Russin was selected by the Bankruptcy Court as one of three mediators to mediate all adversary proceedings in the Liberty International Financial Services, Inc. bankruptcy case.
- Solomon Genet served as mediator in an adversary proceeding filed in the U.S. Bankruptcy Court for the S.D. Florida, where a creditor challenged whether the debtor was entitled to receive a bankruptcy discharge. The plaintiff alleged criminal acts and fraud committed by the debtor, as well as the concealment of assets. The matter was successfully, consensually resolved at mediation.