Broward County mediatorDavid S. Tupler helps clients in contract disputes of all varieties resolve their issues without the intervention of a judge or jury. He proactively evaluates all of the statements and evidence submitted by both sides and takes the time to learn the intricacies of the case he is mediating. Rather than using delay tactics or trying to pin parties down to a solution, Mr. Tupler truly listens to each side of the dispute, then actively engages all parties to agree on an acceptable resolution. This is a far cry from the heavy hand of a Broward County judge or jury who might decide the fate of your claim without the benefit of hearing prolonged explanations about specific points.
Mediating contract disputes
Broward County courts require that you to attempt mediation before proceeding with your case, and it could well be in your best interest to attempt to resolve your dispute without waiting for a judge or jury to make the final determination. Mediation is only meaningful and productive in resolving a dispute when all of the parties involved agree to use it as an opportunity to explore mutually acceptable settlement options.
Any party at any time before trial may approach the other side to request that they try resolving their issues through mediation. Indeed, the courts frequently encourage parties in contract disputes to consider mediation as an alternative to litigation. Mediation is a chance for the parties to work through their issues without being constrained by the rules of evidence or worrying about admitting an unfavorable fact on the record. Everything that is discussed in mediation is confidential and cannot come out in the court case later to damage either side at trial.
The timing of mediation in contract disputes
In some contract dispute cases, the discovery period is not as crucial for discovering all of the relevant facts for a claim as in other types of cases. It may be productive to engage in mediation at the earliest possible point in your case in an attempt to eliminate the need for expensive and time-consuming discovery. Discovery is one of the longest processes in litigation and can stand in the way of a claimant recovering for losses by many months. That's just another reason parties to a contract dispute would be wise to try using mediation as a way to avoid the entire discovery process, or at least make it narrower if the case is not resolved at mediation.
Let us help resolve your dispute and avoid expensive litigation.
What if you don't resolve the case at mediation?
Some cases might require more than one round of mediation to wrap up. In others, it sometimes becomes evident that one party is simply unwilling to compromise. Failure to resolve your case at mediation does not reflect negatively on you in the judge's eyes, and would be lauded as a worthwhile attempt.
Experience in contract cases matters
Contract disputes require an in-depth reading and analysis of the relevant contract portions at play, which means that you should select a mediator who has spent plenty of time drafting, reviewing and litigating contracts as an attorney. David S. Tupler certainly fits that bill, with more than 30 years of experience across a long list of practice areas. He has seen it all in Broward County and is now available to put his unparalleled experience to work in facilitating meaningful discussions between parties to contract disputes in Florida.
How to maximize your mediation time
While you do not have to prepare for mediation the same way that you would for trial, solid preparation still goes a long way toward helping you settle your case at the conclusion of the mediation. Having a command of the facts at issue and bringing all relevant evidence that you'd like the mediator to consider are effective ways to ensure that your mediation session is as productive as possible. It also demonstrates to the mediator and the opposing party that you took the commitment to mediation seriously and are prepared to negotiate in good faith.
Instead of focusing on making or preserving a record, such as noting objections and taking issue with the other side's word choice, you should feel free at mediation to help the mediator understand all of the nuanced aspects of your side of the case. There is no need to be concerned that your statements are being recorded, or that whatever you say could end up being used against you later in the trial. Mediators are sworn to keep all matters discussed in mediation completely confidential. It is a form of settlement negotiation that cannot be referenced at any other time in the case. It was specifically designed to promote the fearless exchange of ideas so that the parties can have the best possible shot at resolving their claims.
Contact mediator David S. Tupler at (954) 383-6577 if you have any questions, or to schedule a mediation date for your contract dispute.