Alternative Dispute Resolution

Overview

Shaw Lewenz is one of the few boutique law firms to have a dedicated alternative dispute resolution (ADR) practice group. That is, Shaw Lewenz has a team of lawyers whose practice is dedicated primarily to serving as a neutral in mediations, arbitrations, and other private resolutions. But the ADR Practice Group’s existence is not all that is unique. The Shaw Lewenz ADR Practice Group is comprised of lawyers with experience in sophisticated, high stakes matters, across a variety of specialties and subject matters. Each neutral has experience representing clients in litigation and trials in state and federal courts, as well as arbitration, mediation, and private resolutions.

Alternative Dispute Resolution

Alternative dispute resolution (ADR) is a blanket term to describe various mechanisms to resolve disputes outside of a traditional litigation. This can mean a voluntary settlement or resolution through mediation, or litigation adjacent adjudication of disputes such as arbitration or private judging.

Shaw Lewenz offers several ADR services, including mediation, arbitration, magistrate and master appointments, and private judging.

Mediation

Mediation is a process through which parties to a dispute seek a resolution or settlement. Mediators do not make decisions, issue rulings, or instruct the parties on the course of a litigation. However, an effective mediator can facilitate a resolution between adverse parties to eliminate the cost, stress, and fatigue of litigation.

The mediators at Shaw Lewenz are experienced lawyers. They have the ability to understand sophisticated legal issues, but also have a true understanding of the risks, costs, and toll of protracted litigation. This knowledge allows them to help litigants balance risk and reward and navigate competing motivations towards the ultimate goal of resolution.

Importantly, because each Shaw Lewenz mediator has real litigation and trial experience, they are more than just message carriers, and will, within the confines of the Supreme Court’s rules, convey confidence or caution where appropriate.

Binding and Non-Binding Arbitration

Arbitration is an adjudicative process in which an experienced third-party neutral (or panel of neutrals) serves to resolve disputes through an orderly hearing and award process without judicial intervention. Arbitration is designed to be a more efficient, cost-effective, expedient means of resolving complex commercial disputes. Unlike mediation, arbitrators make decisions akin to a judge or a jury in traditional litigation. Arbitrators, however, are not constrained by the rigidity of traditional litigation nor are their decisions reviewable on appeal in most instances. Arbitration can be both binding and non-binding depending on the instrument, agreement, or order, which delegates the matter to arbitration.

The arbitrators in Shaw Lewenz’s ADR Practice Group have experience serving as binding and non-binding arbitrators in a litany of subject matters including business and commercial matters, public and private securities, insurance disputes, personal injury, and healthcare.

Voluntary Trial Resolution-Private Judging

Finally, Florida law provides litigants with the ability to maintain many of the formalities of traditional litigation, in a more bespoke environment. That is, upon agreement, litigants may agree to use a “private judge.” Chapter 44 of the Florida Statutes, parties involved in a civil dispute that does not involve constitutional issues, may agree in writing to submit the controversy to a voluntary trial resolution or private judge. A private judge may administer oaths, issue enforceable subpoenas, and apply the rules of evidence. Unlike arbitration, the judgment of a private judge is appealable (other than issues of fact, which are not appealable) to the appropriate appellate court.

Few litigators have experience utilizing this process. The process, in general, is relatively unknown. However, the Shaw Lewenz ADR Practice Group is comprised of lawyers who are not only intimately familiar with Chapter 44 and the private judge process but also have real experience litigating in this unique forum.