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Circuit Civil Mediator

Alternative dispute resolution, commonly called ADR, refers to using the process of either mediation or arbitration to find a solution to a conflict or controversy between businesses or individuals. Mediation involves the use of a neutral and impartial third party to assist the disputing parties in achieving a mutually agreeable voluntary settlement. Disputes involving contracts, real estate, personal injury or construction, for example, are complex but often can be resolved more quickly and at a great cost savings with the assistance of a certified mediator.

Certified by the Supreme Court of Florida

The Florida court system has been using alternative dispute resolution (ADR) for over 25 years to resolve disputes and currently maintains programs for court-ordered county civil mediation and arbitration, family (divorce) mediation, and circuit civil mediation and arbitration. Joseph B. Heimovics is certified by the Supreme Court of Florida as a Circuit Civil Mediator and can serve in both court-appointed and private mediations. Most Florida state courts require mediation prior to setting a trial date. A Circuit Civil Mediator, however, can also assist with disputes between parties that are considering filing a lawsuit in any Circuit Court in Florida or where an existing contractual provision requires mediation.

Advantages of Mediation

Mediation often can help you to avoid much of the time and costs involved in litigation and is generally a more amicable process than litigation. It offers an opportunity to attempt to negotiate a settlement either prior to or during litigation. Privacy and confidentiality are additional advantages of mediation when compared with the public trail left by litigating a controversy. Although mediation is generally an informal process, Joe will keep a structure and process in place to ensure continuous momentum in discussions and incremental progress. An unrepresented party may participate in mediation without an attorney.
Joe’s goal in any mediation is to think creatively to find a win-win solution for both parties while minimizing or eliminating obstacles that may be preventing a settlement. He emphasizes communication, flexibility, mutual respect and fairness while keeping in mind the unique perspective and interests of each of the parties involved. Creative alternatives will be explored in a collaborative, non-adversarial environment. Joe will not impose or direct any particular solution, although he may caucus with each party separately to discuss the strengths and weaknesses of the legal case as part of the mediation. Such caucuses also often help move the parties toward resolution by fostering understanding of the other party’s position. To encourage open and honest discussions, all discussions are confidential and cannot be used in any litigation regarding the dispute, and the parties to the dispute always reserve the right to make the final decision about whether to enter into a settlement agreement.

Solution for a Variety of Conflicts

Once the parties have agreed upon a resolution, the parties will draft a settlement agreement Joe will ensure that all parties understand its terms before execution. Joe’s broad background in business, corporate, real estate, construction, banking, and other areas of law uniquely positions him to facilitate a wide variety of conflicts in the most effective way possible.

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Joseph B. Heimovics, Esq.
2149 N. Commerce Parkway
Weston, Florida 33326
ph: (954) 626-3402
fax: (954) 626-3403
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