Answers to the questions we hear most often from parties and counsel. If your question is not here, call us at 305.239.2015 or email daniel@feldmediation.com.
What is the difference between mediation and arbitration?
In mediation, a neutral third party helps the parties negotiate their own resolution. The mediator does not decide the case and cannot impose an outcome. In arbitration, a neutral arbitrator reviews the evidence and arguments and issues a decision. In binding arbitration that decision is enforceable; in non-binding arbitration it takes effect only if the parties accept it.
What types of disputes do you mediate?
Feld Mediation & Arbitration PA handles a diverse array of legal matters, including first- and third-party property insurance, labor and employment, ADA, maritime, breach of contract, commercial disputes, and personal injury matters, in both state and federal court.
Who will mediate my case?
The practice has two neutrals. Daniel T. Feld is a Florida Supreme Court Certified Circuit and County Court Mediator and a Florida Supreme Court Qualified Arbitrator who has mediated over 1,600 cases. Laura Bonn has been a Florida Supreme Court Certified Circuit and County mediator since 2007 and previously served for 23 years as an Assistant United States Attorney for the Southern District of Florida. You may request either mediator when you book.
Can you serve as an arbitrator as well as a mediator?
Yes. Daniel T. Feld is a Florida Supreme Court Qualified Arbitrator and the practice offers binding arbitration, non-binding arbitration, and a hybrid non-binding arbitration and mediation process in addition to standard mediation.
What is non-binding arbitration and when is it used?
Non-binding arbitration is often referred by the court. A neutral third party reviews the evidence and arguments from both sides and issues a decision that is not enforceable unless the parties accept it. It is useful for obtaining a neutral evaluation of a case, it uses streamlined procedures compared with a full trial, and the parties keep the right to reject the recommendation and proceed to litigation.
Are mediation sessions confidential?
Yes. Mediation is a confidential process. What is said during the session is generally protected and cannot be used against a party later in litigation, subject to the limited exceptions provided by Florida law.
Are sessions held in person or by Zoom?
All services are currently conducted virtually via Zoom, or in person by agreement of the parties.
What happens if we do not reach a settlement?
If the parties do not reach agreement in mediation, the case simply continues on its existing track and the parties retain all of their rights. Nothing said during the mediation is binding. In a hybrid non-binding arbitration and mediation, the neutral issues a non-binding decision if the mediation phase does not resolve the matter.
Do you handle matters outside of Miami?
Yes. Feld Mediation & Arbitration PA serves parties and counsel throughout Florida, and because sessions are conducted by Zoom, location is generally not a constraint.
How do I schedule?
You can book online through the calendar page, call 305.239.2015, or email daniel@feldmediation.com. If you have any difficulty using the online booking form, call or email and we will schedule for you.