Nicklaus & Associates, P.A.
Address
Miami, FL
United States
Member since
2003
PDI
The proven Miami alternative dispute resolution lawyers at Nicklaus & Associates, P.A. have experience resolving cases in multiple industries using methods of alternative dispute resolution such as mediation and arbitration in Florida. Miami alternative dispute resolution attorneys are knowledgeable in all areas of general alternative dispute resolution law, including but not limited to civil appeals in Miami, Florida. Clients will have the confidence of knowing that their case is being handled by an experienced and knowledgeable Miami alternative dispute resolution lawyer.
Alternative dispute resolution (ADR) is an approach or means for resolving disputes outside the judicial system of state or federal courts, commonly in the form of arbitration or mediation. ADR can also include negotiation, collaborative law and conciliation. Mediation is considered among the least formal alternatives to litigation that involves a panel or impartial third party (typically consisting of a group of qualified attorneys or retired judges experienced in negotiations) that intervenes to reach a settlement of the dispute.
The Miami alternative dispute resolution attorneys have experience representing clients in cases involving:
The terms “arbitration” and “mediation” are sometimes used interchangeably, but this mixing of terminology is careless and inaccurate. While the mediator suggests possible solutions to the disputing parties, the arbitrator makes a final decision on the labor dispute which is binding on the parties.
The Miami arbitration lawyer adheres to the process of arbitration, which is the procedure by which parties agree to submit their disputes to an independent neutral third party, known as an arbitrator, who considers arguments and evidence from both sides, then hands down a final and binding decision. This alternative, which can be used to adjudicate business-to-business, business-to-employee, or business-to-customer disputes, can utilize a permanent Miami arbitrator, an independent Miami arbitration lawyer professional selected by the two parties to resolve a particular grievance, or a selected Miami arbitrator through the procedures of the AAA or FMCS. A board of arbitrators can also be used in a hearing.
In contrast to arbitration, Miami mediation lawyers utilize a process whereby the parties involved utilize an outside party to help them reach a mutually agreeable settlement. Rather than dictate a solution to the dispute between labor and management, the mediator—who maintains scrupulous neutrality throughout—suggests various proposals to help the two parties reach a mutually agreeable solution. In mediation, the various needs of the conflicting sides of an issue are identified, and ideas and concepts are exchanged until a viable solution is proposed by either of the parties or the Miami mediator. Rarely does the mediator exert pressure on either party to accept a solution. Instead, the Miami mediation lawyer professional’s role is to encourage clear communication and compromise in order to resolve the dispute. Mediation can be a tremendously effective tool in resolving disputes without destroying business relationships. It allows parties to work toward a resolution out of the public eye (the courts) without spending large sums on legal expenses.
The Miami alternative dispute resolution attorneys at Nicklaus & Associates, P.A. are distinguished by a history of successful alternative dispute resolution claim recoveries. If you or your organization has received an unfavorable ruling in a prior trial, contact the Miami alternative dispute resolution lawyers at Nicklaus & Associates, P.A. in Florida.