Alternative Dispute Resolutions
The following are alternative dispute resolution techniques to trial. Our court system in Florida is overwhelmed with the number of lawsuits and often it takes years to obtain a trial date. Ms. Adorno is available for any and all types of mediation or arbitration. Her experience in Eminent Domain and Inverse Condemnation make her a perfect fit for those types of cases. However, she has mediated Insurance disputes, personal injury cases and land use issues.
Celeste F. Adorno has been a Circuit Court Mediator since 1996. She is capable of mediating any case or dispute. Celeste enjoys mediating because she feels that mediation is better than going to trial. The Florida Jury system allows anyone over 18 and with a driver’s license to be a juror. These folks may or may not really be your peers. The Court System often only has a finite number of ways that a trial may turn out, however, in mediation you have an opportunity to be involved and craft a settlement. This is typically much better than wondering what a Judge or Jury will do. The risks involved with going to trial are often discussed during mediation. There are rules of conduct for mediators and one in particular is extremely important:
The role of the mediator is to reduce obstacles to communication, assist in the identification of issues and exploration of alternatives, and otherwise facilitate voluntary agreements resolving the dispute. The ultimate decision-making authority, however, rests solely with the parties.
As a mediator, Ms. Adorno cannot give legal advice but she can use all her experience as a trial lawyer for the last 28 years to assist the parties.
Arbitration is very different from mediation. As a single Arbitrator, Ms. Adorno hears evidence which is typically not confined to the Florida Rules of Evidence as in a trial. She then makes a decision regarding the outcome of the case. Arbitration can require multiple Arbitrators deciding a case or one arbitrator. The Arbitrator would write a decision which both sides would receive. There are binding and non-binding Arbitrations. A non-binding Arbitration means that the parties can use the decision or not. A binding Arbitration means that the parties are bound by the decision and if in litigation the Arbitrator’s decision usually becomes an Order from the Judge.
Ms. Adorno prefers Mediation since the decision making is left up to the individuals involved. However, there is a hybrid known as Arb-Med or Med-Arb. In Arb-Med the parties first present their cases to Ms. Adorno as an Arbitrator and she writes a decision which is sealed. Then mediation ensues and if a mediated settlement is reached the sealed Arbitration decision is never opened. If no mediated settlement is reached then the Arbitration decision is revealed.
Med-Arb is similar, however the parties first mediate and then if mediation does not work they proceed with Arbitration. Again it can be a binding or non-binding arbitration.
These are all alternative dispute resolution techniques to trial. Our court system in Florida is overwhelmed with the number of lawsuits and often it takes years to obtain a trial date. Ms. Adorno is available for any and all types of mediation or arbitration. Her experience in Eminent Domain and Inverse Condemnation make her a perfect fit for those types of cases.