Mediation in Florida - Alabama Mediation | Upchurch Watson White & Max
Mediation is a facilitated negotiation process in which a skilled third party neutral assists parties in conflict to reach a mutually acceptable reconciliation of their dispute. Mediation is the core component of the Upchurch, Watson, White & Max dispute resolution practice. Over two decades ago, the founding members of UWWM were pioneers in the development and implementation of court annexed mediation processes. Today, our full panel of dispute resolution specialists have collectively mediated tens of thousands of state and federal cases and are involved in facilitating settlements throughout the United States and abroad.
UWWM mediators have developed an arsenal of innovative and proven approaches to settling civil lawsuits and demonstrate a tenacious and persevering dedication to finding creative resolution solutions.
A commercial dispute is at its core a problem to be solved, rather than a battle to be fought and won. The successful business mediator is able to bring this problem-solving philosophy to the negotiating table, with the goal of having the business mediation parties embrace it as well. The business mediators of Upchurch Watson White & Max are dedicated to finding creative solutions in business mediation so that the parties may put their dispute behind them, and ideally find ways in which to do business with one another in the future.
Corporate mediation presents the opportunity to solve a problem and avoid lengthy and costly litigation. The mediators of Upchurch Watson White & Max are trained to bring this problem-solving philosophy to the negotiating table, with the goal of having the parties embrace it as well. Our firm is dedicated to finding creative solutions in corporate mediation matters, so that the parties may put their dispute behind them and pursue more productive endeavors.
Commercial mediation covers a depth and breadth of dispute resolution work that defies a comprehensive definition. The parties to a commercial mediation may be individuals, business owners, banks, contractors, insurance companies, trust companies, real estate owners, governmental bodies, or any combination thereof. The cases which can be submitted to commercial mediation include such things as first-party insurance claims, breaches of contract, business torts, eminent domain, mortgage foreclosures, and real property boundary disputes.
Governmental entities of every sort are faced with challenges that are similar to those of private businesses but those issues are quite often complicated by circumstances that are unique to governmental entities. Bidding processes, bonding issues, union matters, public meetings and Sunshine Law concerns are but a few examples of the wide variety of unique challenges which governmental entities must manage on a daily and ongoing basis. Couple this myriad of obstacles with budget cutbacks and revenue shortfalls and the potential for crisis becomes very real.
Complex mediation involves matters featuring particularly vexing and sophisticated issues, challenging the parties and the mediator. Often associated with fundamental and ambiguous insurance coverage issues, such cases require deep experience in the underlying business and legal issues, together with the interpersonal skills necessary to manage and sequence consideration of the subject matter in a cohesive format leading to a negotiated resolution.
Multi-party mediation ordinarily refers to many claimants or many defendants, and often both; usually all independently represented. The multi-party mediation presents a unique set of management issues in addition to the special requirements to schedule the multi-party mediation in an appropriate and adequate physical setting. The sheer number of participants in the multi-party mediation may mandate use of a team of mediators under the direction of the principal mediator, each assigned the responsibility to engage in private caucus meetings with parties and counsel.
Class Action Mediation
Class action mediation cases present a high degree of difficulty because of the technical nature of the underlying substantive cases, the great number of claimants, the complexity of discovery and the claims process generally, settlement administration, the setting and award of fees, dealing with objections, and many other procedural issues.
For decades, Florida has been a hotbed of construction and development. An unfortunate side effect of all this activity, in both good and bad economic times, is litigation among owners, developers, design professionals, and contractors. Upchurch Watson White & Max Mediation Group has a number of dispute-resolution professionals to handle both construction mediation and construction arbitration.
Cases involving claims of professional malpractice often present complex legal and factual questions that create great litigation risk for the parties. These cases can also be very emotional, due to the close nature of the relationship between client and professional, and the professional’s desire to preserve his or her reputation. The experienced mediators of Upchurch Watson White & Max Mediation Group are particularly well-suited to handle complexities of malpractice mediation.