Selecting the right mediator is key to ensuring that all parties in a civil dispute have the best chance of stating their case and walking away with an agreement that is fair and equitable to all sides. With more than 30 years of experience litigating a wide variety of civil claims in Hollywood and Fort Lauderdale, David S. Tupler brings a wealth of knowledge and experience to the table as a skilled mediator, ready to help parties resolve their conflict without the expense and aggravation of taking their claims to trial.
How mediation could help resolve your civil dispute
Although mediation may not be a requirement in all Florida civil cases, the courts encourage it at every opportunity. The reasoning behind this is that judges are aware of how successful mediation can be at resolving civil disputes as opposed to the time-consuming process of litigating a claim to trial. While judges may view it as a way to help clear out the civil court dockets in Florida, the parties of the case often are the real winners through mediation. The time, money and energy saved from not having to endure an unpredictable trial is the main reason many choose to voluntarily mediate their civil disputes.
The right type of case for mediation
Aside from selecting an experienced and reliable mediator, the only true barrier to a successful mediation is the parties' willingness to embrace the process. Parties seeking to mediate a civil dispute must be willing to approach mediation as an opportunity to resolve their claims without having to endure the frustration and inconvenience of airing their grievances on the record and in court. Mediation is highly productive in any civil case in which all parties seek a path toward compromise.
Why experience matters
One of the fastest ways to derail the potential progress in a mediation is to select a mediator who does not have experience in the subject matter of your case. The parties will spend an extended amount of time explaining the background facts to the mediator instead of focusing on the ultimate issues at hand and what the parties' appetites are for settling them outside of court. Why should you have to pay to educate your mediator? Mediator David S. Tupler has vast experience in numerous litigation practice areas, and his background as a litigator in Broward County, coupled with decades of experience, make him an ideal choice to mediate your civil case.
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Making the most of mediation in your civil dispute
One of the main considerations in scheduling mediation in a civil dispute is timing. Some parties refuse to mediate a dispute until the close of discovery. This is not always the most effective approach; however, because mediation can serve as a valuable way to narrow down discovery disputes without the intervention of a judge. Early mediation is an efficient way to narrow down the scope of issues that the parties need to litigate. If you are able to mediate a civil dispute before engaging in extensive motions practice over discovery disputes, it's unlikely that a judge will admonishing the parties for failing to work to resolve discovery issues without the intervention of the court. The real benefit to the parties is that discovery in civil disputes tends to account for a large portion of the legal fees involved. Streamlining the number of depositions, types of parties deposed, types of documents collected and the timeline for discovery is a major win for many litigants because of the time, money and frustration saved.
Voluntary mediation before pretrial
Before a civil case goes all the way to a bench or jury trial, the court will attempt to encourage settlement negotiations between the parties. If a party is interested in mediation as the trial date draws near, it may be a good idea to alert the judge directly. This will likely pressure or encourage the other side to entertain the idea of mediation even though they previously may not have been receptive.
Mediation doesn't have to be black and white
One of the valuable services that a mediator can provide to parties who have been embroiled in a civil dispute is finding creative solutions to resolve their disagreement. Given that the suggestions are coming straight from a mediator and not directly from either party, both sides may be more willing to entertain them. Keep in mind that the goal of the mediator is to help the parties come to an acceptable agreement to resolve their claims. The mediator's role is not to force a specific perspective or strong-arm the parties into a settlement agreement that they find unacceptable.
Mediator David S. Tupler is skilled at evaluating civil disputes from multiple angles and proposing solutions that allow all parties to walk away from the dispute with a real solution. Rather than simply allowing the discussions to run their course, he engages with all sides and strives to understand the types of resolutions that would be acceptable to all.
With sufficient advance notice, David S. Tupler, P.A. can accommodate all parties’ schedules and select a mediation date that will work within the scheduling order for your case. Contact us with any questions about our mediation services and find out how we can help resolve your civil case.