Certified Mediator Serving Individuals And Businesses

Attorney Scott Haft is a circuit civil certified mediator in the state of Florida. He offers Zoom / Microsoft Teams virtual mediations throughout Florida specifically for complex business and real estate litigation matters.

For most individuals and businesses, traditional litigation is something to avoid if possible. Even in cases that you win, the costs, the time spent, and the stress involved in such an ongoing contentious process can be far too costly to be worth it. Even in cases when attorney fees are awarded to the winner, there is still the peripheral costs. Mediation provides a more efficient and effective dispute resolution process.

Haft Law Group provides mediation services throughout the state of Florida. Mr. Haft has been certified by the Florida Supreme Court as a circuit civil mediator. With his vast experience in  business and real estate litigation matters, he will help the parties resolve their disputes through mediation.

The Mediation Process

Mr. Haft helps clients through the entire process of mediation, which includes:

• Entering into the mediation: Mediation can be freely chosen by the parties in a dispute or it can be ordered by the court in cases that are already in the litigation process.
• The mediation session: A mediation session involves the two parties and the person facilitating the mediation (often called a “neutral” or “the mediator”). Each of the disputing parties is also legally allowed and encouraged to have an attorney with them to represent their interests during the mediation. The process does not proceed like a court case, with evidence and contentious arguments. It is meant to be a more amicable, collaborative process in which the mediator helps both parties reach an agreed-upon resolution.

Mr. Haft handles mediation with professionalism and care. He leverages his knowledge of the legal landscape to help parties find resolution.

Frequently Asked Questions About Mediation Services

If you have questions about mediation services, you may find your answers below:

Is mediation confidential?

Yes. Unlike trials, which become a matter of public record, anything said during mediation cannot be disclosed outside of the sessions. Making mediation confidential allows all parties to openly discuss both legal and nonlegal matters without any information going public or being used in court later. The involved parties must agree to keep everything said and any evidence presented during mediation confidential.

Is mediation legally binding in Florida?

Not necessarily. Mediation is a voluntary process, so either party can withdraw before a resolution is reached. However, if the parties reach mutually acceptable terms and enter into a written agreement as a result, that agreement becomes legally binding and enforceable by the court.

Once a mediation agreement is legally binding, it acts like a contract between the parties, which means either party can enforce the agreement if the other party refuses to comply. If a judge finds the noncomplying party breached the terms of a mediation agreement, the breaching party may also be responsible for the prevailing party’s attorney’s fees.

What types of real estate conflicts can be resolved through mediation?

Mediation is a common method to resolve real estate conflicts without going to court. Parties can resolve the following issues during mediation:

• Boundary disputes: Disagreement over property lines with encroachments
• Breach of contract: Conflict over the terms of a purchase or sales agreement
• Zoning and land use: Dispute over zoning regulations and permits
• Easement disputes: Disagreement over the use of another person’s property
• Seller disclosure: Conflict over known property defects
• Construction defects: Dispute over construction project terms, materials or workmanship

Settling a real estate conflict through mediation can allow parties to renegotiate the terms of an agreement or resolve issues without going to court or ending an ongoing court case.

What happens if we don’t reach an agreement during mediation?

Mediation is not always successful. If a dispute or agreement cannot be reached through mediation, then parties may continue with their current lawsuit and proceed to trial. Or if a lawsuit hasn’t been initiated, a party may file a lawsuit and have the outcome determined by a judge. Failing to reach an agreement during mediation does not always mean the process has failed. Unsuccessful mediations still allow parties to understand the perspective of the other party, which often times leads to a successful second mediation.

Contact The Firm To Discuss Your Mediation Needs

If you are facing a dispute and are considering mediation, you should talk with a lawyer who can explain the process. You can get in touch with Haft Law Group by phone (561-781-8984) or email.