Divorce, Child Custody, Adoptions
Family law matters involve our court system and sometimes result in unavoidable litigation. Our Hernando County attorneys work closely with our clients to guide them through the court system and if necessary, represent them in court.
Mediation Services
The Firm offers mediation services for Circuit and County mediation in the Brooksville and Spring Hill, Florida area. Both our Brooksville and Spring Hill offices are fully-equipped with a large joint meeting room and caucus/break-out rooms. We offer a professional, comfortable environment for parties to gather to resolve their dispute. The Firm also offers specialty mediation services in residential foreclosure mediation. Contact our mediation attorneys in Brooksville and Spring Hill, Florida when scheduling your next mediation.
Dispute Resolution – Mediation vs. Arbitration
There are two common methods that exist today to assist parties that are in dispute over an issue(s) to help resolve them without filing a lawsuit. One of these is mediation, which is designed to allow the parties, with the assistance of a neutral facilitator, to attempt to reach a mutually agreeable settlement of their dispute.
You could be faced with this process if your dispute involves a contract that requires mediation prior to filing a lawsuit or, if you are in a dispute that results in a civil lawsuit, the court may require the parties to mediate and attempt to resolve the issue(s) prior to trial. Mediation is the most common method used to attempt to resolve disputes prior to trial. In mediation, the parties have the opportunity to shape a settlement between the parties instead of having a decision imposed on the parties by the court. In the event the parties do not reach agreement in mediation,
an existing lawsuit may then proceed after notifying the court of an impasse, or an initial civil action can be filed by the parties after a failed mediation.
Arbitration is also a process used to resolve a dispute between parties and commonly arises as a provision in a contract between the parties requiring it to be the method used in resolution of disagreements about the performance of the contract.
The major difference between arbitration and mediation is that the role of the mediator is to be a facilitator to help the parties come to a resolution of their dispute, but the arbitrator is a decision maker and, after hearing the parties’ positions, issues an opinion on the disputed issue(s).
Arbitration can be conducted by an individual arbitrator or a panel of arbitrators, with this being established within the contract provisions that requires arbitration as the contract dispute resolution process. More often than not, contracts that require arbitration deem the opinion of the arbitrator(s) to be binding on the parties. A binding decision severely limits the ability of a party to seek a judicial resolution of the dispute.
At The Hogan Law Firm all the attorneys are experienced in arbitration and mediation and other alternative dispute resolution processes. As your attorney, we will be able to guide you through these processes when they are encountered as we proceed to resolve your case.