Florida/Georgia Personal Injury & Workers Compensation

...urn to mediation as an alternative, cost-efficient form of dispute resolution in domestic matters. Mediation is designed and intended to be an informal mechanism that parties can utilize as an alternative to the formalistic rigors of litigation. See § 44.1011, Fla....

...I believed everything that he said. Court-ordered mediation Mediation is a process whereby a neutral third party, the mediator, assists the principals of a dispute in reaching a complete or partial voluntary resolution of their issues of conflict. See § 44.1011, Fla....

...[2] The process is meant to be non-adversarial and informal, with the mediator essentially serving as a facilitator for communications between the parties and providing assistance in the identification of issues and the exploration of options to resolve the dispute. Ultimate authority to settle remains with the parties. See § 44.1011(2), Fla....

...Neither circumstance is present here. At bottom, plaintiff's only basis for sanctions is merely that defendants were unwilling to make an offer of settlement satisfactory to him. The mediation statutes, however, do not require that parties actually settle cases. Section 44.1011(2), Florida Statutes (1991), explains that mediation: *990 is an informal and nonadversarial process with the objective of helping the disputing parties reach a mutually acceptable and voluntary agreement....

...As this article colorfully illustrates, defendant has no duty to assist service of process. To the contrary, plaintiff has the burden of finding some way to effect service without his cooperation. [18] MERRIAM-WEBSTER'S UNABRIDGED DICT. (CD ed.); AMERICAN HERITAGE DICT. (3d ed.) 1120. See also § 44.1011, Fla....

“de-cisionmaking authority rests with the parties.” § 44.1011, Fla. Stat. The mediator lacks authority to adjudicate

...that an entire legal action involving issues of child custody, visitation, and child support is not subject to arbitration. The language of Chapter 44 in effect during the arbitration between the Husband and the Wife also provided in pertinent part: 44.1011 Definitions....

...agreement. In mediation, decisionmaking authority rests with the parties. The role of the mediator includes, but is not limited to, assisting the parties in identifying issues, fostering joint problem solving, and exploring settlement alternatives. Section 44.1011(2), Florida Statutes (2006) (emphasis added)....

...It is an informal and non-adversarial process intended to help disputing parties reach a mutually acceptable agreement. Gregory Firestone, Ph. D. takes issue with the Committee's use of the term " impartial third person," rather than the statutory term " neutral third person." See § 44.1011(2), Fla....

...rd party acts to encourage and facilitate the resolution of a dispute without prescribing what it should be. It is an informal and non-adversarial process with the objective of helping the disputing parties reach a mutually acceptable agreement. [2] Section 44.1011(2), Florida Statutes provides: "Mediation" means a process whereby a neutral third person called a mediator acts to encourage and facilitate the resolution of a dispute between two or more parties....

...Mediation is based on principles of communication, negotiation, facilitation, and problem solving that emphasize: (1) the needs and interests of the participants; (2) fairness; (3) procedural flexibility; (4) privacy and confidentiality; (5) full disclosure; and (6) self determination. Statutory Reference § 44.1011, Fla.Stat....

...roup’s motion to dismiss for lack of jurisdiction with the case. The Comvest Group contends that the designation of a neutral accountant and procedure specified in the purchase agreement fits within the definition of “arbitration” in section 44.1011(1), Florida Statutes (2018): “a process whereby a neutral third person or panel, called an arbitrator or arbitration panel, considers the facts and arguments presented by the parties and renders a decision which may be binding or...

...It follows that the trial court’s order (a) denying the Comvest Group’s motion to compel compliance with the purchase agreement’s non-judicial arbitration or alternative dispute resolution procedure (which Comvest Group contends is “arbitration” as defined in section 44.1011(1)), and (b) accepting jurisdiction to proceed with the declaratory issues raised by the IMC Group, is a non-final order determining the entitlement of the Comvest Group to “arbitration,” and that we have jurisdiction to consid...

....” This clause, applied to a conditional dispute resolution procedure that was rejected by one of the parties, explicitly takes the Accountant out of the definition of “arbitration” and the process whereby “a neutral third person. . . called an arbitrator” renders a decision, as provided in section 44.1011(1). Simply stated, the Accountant could have been, but was not, retained by mutual agreement of the parties to provide a non-judicial resolution of the post- closing purchase price dispute....

...4 (11th Cir.2008) (“Normally labels do not control; indeed, if an agreement specifies in detail a dispute resolution procedure which it calls ‘mediation’ (or anything else) but which is, in substance, FAA ‘arbitration,’ substance controls over title.”); see also § 44.1011(1)-(2), Fla....

...2008) (“Normally labels do not control; indeed, if an agreement specifies in detail a dispute resolution procedure which it calls ‘mediation’ (or anything else) but which is, in substance, FAA ‘arbitration,’ substance controls over title.”); see also § 44.1011(1)-(2), Fla....

...A. Arbitration is a “process whereby a neutral third person or panel, called an arbitrator or arbitration panel, considers the facts and arguments presented by the parties and renders a decision which may be binding or nonbinding.” § 44.1011(1), Fla....