Dispute resolution is a term used to describe how problems are fixed or corrected.
In order to best advise clients, we take the time to understand the nature of the problem the client is facing. We learn more by listening to the client than by giving recommendations. The conversation next turns to what the client wants the final state of affairs to be. By starting with the end in mind, we collaborate with the client to develop a strategy that will obtain the results desired.
Dispute Resolution Strategy
A strategy is the overall method for achieving the client’s goals. Strategy development is a key aspect of client service. Absent a strategy, all tasks are simply reactions to the other side’s actions. Strategy development is equally applicable for resolving disputes in court or arbitration as it is when businesses come together to make contracts. We develop a strategy in order to achieve the client’s desired end state.
For the resolution of disputes, strategy begins early with an examination of the jury instructions. Whether the forum for the dispute is a state or federal court or an arbitration panel, the jury instructions tell us what has to be proven in order to succeed. The jury instructions provide a road map for the preparation of the entire case because we quickly learn the facts that need to be presented to satisfy the legal elements of the client’s claims or defenses.
On the transactional side, a strategy is necessary to ensure that the final agreement reflects both the short-term and long-term goals of the client. The strategy should address the key terms of the agreement, the negotiation necessary to obtain those terms, and examine the circumstances when the agreement ends.
Dispute Resolution Services
When business or commercial disputes arise, businesses have a few options on methods to resolve the dispute. Litigation is a broad term used to describe the legal process of deciding a dispute. Commercial litigation can occur in state or federal courts, in mediation, and as an arbitration. At a courthouse, a litigation attorney represents clients before a judge and jury. Mediation is a component of the overall litigation process wherein a neutral third-party attempts to help the parties reach an agreement regarding their commercial dispute. Arbitration is a private dispute resolution process where the parties hire a third party to act as a private judge. Yolofsky Law attorneys represent clients in business and commercial disputes at the courthouse, in the mediation room, and at arbitration.
Commercial arbitration has become one of the foremost dispute resolution processes. Many businesses want to control the dispute resolution process; therefore, they insert arbitration clauses into their commercial agreements. Because dispute resolution can be a costly process, commercial arbitration is generally regarded as a more cost-effective method of dispute resolution service than litigation. The time to get a final decision from an arbitrator is usually faster than getting a judgment from a court or jury.
Time is thus another key factor for getting commercial disputes resolved. In all of the courts in the United States, whether small claims or multijurisdictional, there are specific rules of procedure that must be followed for each case. There are relatively few avenues to short-circuit the dispute resolution process in court to obtain fast results for clients. Arbitration offers a less structured process that allows cases to be presented to the final decision maker, the arbitrator, more quickly.
The world has become a smaller place. Many local Miami businesses now boast of clients in South America, Europe, and Asia. The Middle East and the east coast exchange tourists and commercial enterprises. As the gateway to Latin America, Miami is now one of the most sought after arbitration destinations. For international disputes, international commercial arbitration has become the preferred method for dispute resolution. For American businesses doing business abroad, the best way to resolve your dispute, especially if you will need to pursue the other party in their home country, will be to bring your claim before one of the international arbitration tribunals such as the International Court of Arbitration or the International Center for Dispute Resolution. Most foreign countries will enforce arbitration awards, but they will often not enforce a judgment from a United States court. Our international arbitration attorneys will assist you with both bringing your claim and fully pursuing the award.
What About Mediation?
Mediation is a supervised meeting where opposing parties present their cases to a mediator who then works to bring the parties to an agreement. Mediation is part of every Florida litigation matter and often of many federal litigation cases. The litigation attorneys of Yolofsky Law will fully prepare your case for presentation to a mediator. Another benefit of mediation is that it gives the parties a chance to test their theories of the case before a neutral party. The mediator is not a decision maker, but instead is a facilitator.
Mediation typically begins with all the parties and their attorneys in the same room with the mediator. Both sides present their cases to the mediator, who may engage in some direct interaction with the actual plaintiff and defendant, not just their attorneys. After the initial presentation, the parties separate into separate rooms and the mediator engages in shuttle diplomacy between the parties. In the private conferences, the parties can discuss any topic they like with the mediator and even instruct the mediator to only share certain information with the opposing side. One of the benefits of mediation is that the discussions with the mediator are confidential and cannot be used in the future. From a maneuver litigation perspective, information gained at mediation can provide Yolofsky Law attorneys with significant insight into how to adjust the strategy and tactics of the case.
The mediator’s goal is to try and bring the parties to an agreement. Learn more about our dispute resolution services below:
Corporate and Business Litigation
The Miami business and commercial litigation attorneys of Yolofsky Law, P.A. stand ready to work with you to resolve your business dispute locally, nationally, or internationally. We will use all the litigation and negotiation tools at our disposal to help you to succeed on your claim or defense. Our firm is available to represent you at any time and at any stage of litigation. We have represented international businesses with multimillion dollar claims and we have assisted individuals protect their rights and families. Corporate and business disputes are heard in Florida courts, United States federal courts, and before international arbitration panels. For all of our clients, we offer concierge level service with the latest technology to provide clients the highest value.
As business becomes more technical and specialized, many disputes are now about the ownership of the intellectual capital. Broadly speaking, trade secrets, trademarks, domain names, copyrights, customer lists, and manufacturing processes are all examples of protectable intellectual property. At Yolofsky Law, we help our clients enforce their rights and protect their hard work from those who would seek to exploit them. Intellectual property disputes are heard in Florida courts, United States federal courts, and before international arbitration panels. Regardless of the forum, Yolofsky Law attorneys will be with you every step of the way. Our attorneys can also assist you in preparing the agreements necessary to protect your intellectual property at the beginning of a business relationship.
Here in Florida, there are countless types of valuable real estate. Florida has beachfront homes, mansions on the intracoastal waterways, penthouse condominiums, single-family homes, and of course, the broad spectrum of commercial real estate. For both businesses and individuals, real estate can be the most valuable asset. The attorneys of Yolofsky Law are here to help protect your real estate deals. Real estate disputes can arise at all stages of the transaction and sometimes after the deal has closed. Our attorneys can help you with:
- Commercial landlord/tenant disputes
- Specific performance (requiring the other side to live up to their end of the bargain)
- Ownership disputes
- Real estate contract disputes