Mediation and ADR

Dunn Law, P.A. offers mediation and alternative dispute resolution (ADR) services to parties throughout Florida

Marcia T. Dunn is an experienced Circuit Civil mediator specializing in bankruptcy matters including the Mortgage Modification Mediation program (MMM) program used by the U.S. Bankruptcy Courts for the Southern, Middle and Northern Districts of Florida in all bankruptcy cases for any type of real property.

Under the MMM Program, parties may jointly select a mediator.From the Court’s website at www.flsb.uscourts.gov: This program is designed to function as a forum for individual debtors to explore mortgage modification options with their lenders for real property in which the debtors have an interest or are obligated on the promissory note or mortgage. The goal of MMM is to facilitate communication and exchange of information in a confidential setting and encourage the parties to finalize a feasible and beneficial agreement with the assistance and supervision of the United States Bankruptcy Court for the Southern, Middle and Northern Districts of Florida. Mortgage Modification Mediation options include modification of a mortgage or surrender of real property owned by an individual debtor(s).

Michael P. Dunn is completing his Circuit Civil mediation training and will focus on real estate, bankruptcy, and civil litigation mediations.

Both mediation and ADR can be used outside of litigation, particularly as cost-saving alternatives to litigation. In mediation there is a neutral third party that works to resolve the issues – the mediator. As mediators, Marcia Dunn and Michael Dunn are trained in mediation methods of opening discussions and negotiations.

Mediation and ADR are voluntary, although many courts in Florida including Miami-Dade County and Broward County, require mediation before a matter is brought to trial for both circuit civil matters and family law (divorce) proceedings.

In the U.S. Bankruptcy Court for the Southern, Middle and Northern Districts of Florida, the court may order the assignment of a matter or proceeding to mediation at a pretrial conference or other hearing, upon the request of any party in interest or the U.S. Trustee, or upon the court’s own motion.

Arbitration is another form of mediation, often involuntary, often involving more complex issues, and the fine-print in many contracts apply this method to dispute resolution.An arbitrator is a third party who acts as a private judge to impose resolution. An arbitration is conducted like a trial and the arbitrator’s decision is binding.

As an alternative to bankruptcy, parties may negotiate an out-of-court-workout. In this scenario, the Debtor formulates a plan generally with its lenders and major creditors, which is presented to all creditors and parties in interest for approval. If the workout is a success, there is no need for a formal bankruptcy filing. If the workout fails, a bankruptcy case can be filed.

DUNN LAW, P.A.‘s offices are equipped to accommodate mediation groups, and offer a private, neutral setting.Our mediators are also able to conduct telephonic sessions.

Contact DUNN LAW, P.A. today @ 786-433-DUNN to discuss the possibility of resolution through mediation or to schedule a mediation in a pending lawsuit.