Gunster is proficient in facilitating the expedited resolution of complex disputes using alternatives to litigation. The professionals of our statewide Alternative Dispute Resolution practice group function as arbitrators, mediators, and special magistrates with specialized training and broad experience in these areas.
Arbitration is the out-of-court binding resolution of a dispute between parties to a contract and decided by an impartial third party (the arbitrator). It is generally faster and more cost effective than litigation. Well-defined steps move cases from filing to a final award as quickly as possible, while ensuring that all parties are treated fairly and equitably. Typically, a single arbitrator or an arbitration panel is comprised of distinguished, former judges or experienced leaders in the legal community who possess unique industry-specific knowledge, training, and expertise in both the substantive and procedural matters underpinning the dispute. Arbitrators are required to adhere to Codes of Ethics developed by various arbitration organizations (e.g., the American Arbitration Association, American Health Law Association, AIDA Reinsurance and Insurance Arbitration Society, International Institute for Conflict Prevention & Resolution, and the Financial Industry Regulatory Authority), The Florida Bar, and the American Bar Association. Our arbitrators are members of these arbitration organizations and are experienced in and have handled proceedings which include construction, labor and employment, health care, intellectual property, real estate and land use, and large and complex business cases.
Mediation is the non-binding resolution of litigation and is often court ordered or recommended by counsel to the parties. The mediator is a skilled neutral who helps parties negotiate an agreement before, during, or even after a trial or final hearing. It often produces better results because the parties retain control over the outcome. Our mediators are certified by the Florida Supreme Court and are experienced in a wide array of business matters.
Additionally, our attorneys sometimes serve as special masters or magistrates who conduct pretrial discovery proceedings, issue preliminary rulings, and make findings and reports for the benefit of the state and federal courts.
Please email us or call (954) 937-4537 for scheduling inquiries.