Orlando, Florida Mediation Attorneys / Lawyers - Law Offices of N. James Turner, Esq., P.A.

Areas of Practice	Employment Law: Mediation
	Orlando, Florida Mediation Lawyer / Attorney Mediation In order to obtain certification from the Florida Supreme Court as a mediator, I completed an extensive training program. Drawing on my considerable experience, education and background, I regularly serve as a mediator in employment matters. What is mediation and how does it work? Mediation is a supervised settlement conference presided over by a qualified, experienced, and neutral mediator who suggests alternatives, analyzes issues, questions perceptions, uses logic, conducts private caucuses, stimulates negotiations between opposing sides, and keeps order. It is also a docket and litigation management tool which has proved successful in securing a high percentage of settlements on an amicable basis without the expense, exposure, and uncertainty of trial. The mediation conference is conducted in a conference room; however, private rooms or offices are made available for individual caucuses and conferences. The mediation process itself is intended to be informal in nature, while the actual ebb and flow of the process is structured by the mediator. Unlike arbitration which results in an award and possible judgment, the only result of the mediation conference is the agreement of the parties. Although the mediation process is inherently flexible, as a rule, the following guidelines apply to the conduct of the mediator: The mediator will: Be impartial. Suggest alternatives. Have private meetings or caucuses with the attorneys, parties, corporate representatives, and claims professionals. Assist in clearly identifying the issues. Privately debate each side’s logical basis and perceptions. Respect confidential and/or privileged information. Allow the parties to negotiate. Guide the parties and counsel in finalizing a specific settlement agreement. The mediator will not: Act as a judge or arbitrator. Rule upon questions of fact or law. Render a decision or award. Hear testimony.

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Board Certified Civil Trial Lawyer

Board Certified Business Litigation Lawyer

Certified Mediator

Over 30 Years of Legal Experience

Call today: (407) 422-6464

Trial counsel and the parties, to include corporate representatives and necessary claims professionals, are required to appear and participate in the mediation process, and must attend the conference with complete authority to compromise and settle the action. Participants are required to remain and participate in the mediation conference until a settlement is reached or an impasse is declared. The parties, with the consent of the mediator, may agree to continue the mediation conference to a date certain prior to the regularly scheduled trial date, or the mediator may declare an impasse. As a rule, the mediation process usually lasts somewhere between 4 to 6 hours.

Mediators charge anywhere from $180 per hour to $350 per hour which is usually split between the parties. If the case settles, the mediator’s fee will be taken out of the settlement proceeds. If the case is not settled, the participants are billed for the mediator’s fees.

Advantages of Mediation:

Enables the parties to negotiate a settlement which may be more favorable than their expected result at trial.
Facilitates negotiation -- forces the creation of an event at which both sides must negotiate in good faith.
Accomplishes the goal of the client without a disproportionate expenditure of attorney’s fees.
Durable agreement - no appeal - no collection problem.
Allows parties the ability to structure the settlement in a way that could not be done if the case went to trial. This will be the last time that the participants will have complete control over your case.
Prevents the unlimited exposure and uncertainty of a trial.
Allows parties to exert some informed direct influence over the outcome of the dispute after observing the other attorney, the other party, and hearing a capsule discussion of the case with a neutral outsider.
Avoids the expense and anxieties of trial preparation and trial.
Allows the party to bargain through counsel for certain key elements which are extremely important in exchange for other elements which are less important. In other words, you can obtain concessions in mediation that would be impossible if you went to trial.
Each side gets to see the other’s best offer and the parties can decide to take it or litigate.

For a confidential consultation regarding potential employment dispute cases, contact the Law Office of N. James Turner, Esq., P.A. at (407) 422-6464 or email us by utilizing our confidential submission form.

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Eola Park Centre • 200 East Robinson Street • Suite 220 • Orlando, Florida 32801

Phone: (407) 422-6464 • Fax: 422-6516 • Direct E-Mail: njtlaw@earthlink.net

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