ADR Rates, Policies & Procedures
Thank you for considering Lavy Law & ADR for your Alternative Dispute Resolution (ADR) needs. ADR usually follows three pathways: Arbitration, Mediation or Hybrid. We hope this information will provide you with understanding of the pathways. The typical process of each is described more fully. Individual procedures may vary depending on the needs of the parties.
This will provide you with a summary of rates, policies and procedures for the ADR services we provide. If you choose to retain us for your ADR, you accept and agree to the terms described. If the ADR is court ordered, the Order controls. We are happy to discuss any questions or concerns.
Private ADR Rates and Policies
The following rates and policies apply to private ADR services provided by Lavy Law & ADR.
Rates
- $200 per hour per party for cases with 2 parties
- $175 per hour per party for cases with 3 parties
- $600 per hour maximum for cases with 4 or more parties.
Billing
Billing by the quarter-hourly for all services provided: preparation, review of submissions,
conduct of hearing, preparation of court report, research and award (if needed).
Minimum Charge
- 3 hour minimum charge for half day ADR.
- 6 hour minimum charge for full day ADR.
Please specify need for whether half or full day is anticipated
Travel
- We do not charge travel for local (Lee, Collier and Charlotte Counties) live ADR.
- Travel outside local counties are billable (IRS Milage rate plus travel time).
- Expenses are (food and lodging) are billed at cost.
Cancellations
Cancellations are without charge under the following circumstances:
- Cancellation within 48 hours of scheduling ADR.
- Cancellation more than two weeks before the scheduled ADR.
- Rescheduling the same ADR for a later date.
Cancellations made between 6 and 10 business days before the scheduled ADR are subject to one-half of the minimum fee for the scheduled ADR.
Cancellations made less than 6 business days before the scheduled ADR are subject to the minimum charge for the scheduled event.
Payment Terms
- All invoices are split equally among all parties unless agreed otherwise.
- Payment is due within 30 days of being invoiced.
- We appreciate prompt payment.
Schedule a Consultation
Tell us about your legal matter and find a time to speak with Terry Lavy.
Arbitrations Procedures
Arbitration is an adversarial proceeding, akin to a mini-trial. The parties present their positions with evidentiary support in summary and the Arbitrator then determines the merits of the case in a written analysis, or Award. Arbitrations are Conducted in Accordance with FS 44.103, Fla. R. Civ. P. 1.820, and any Court Order mandating it. Most of our Arbitrations are Non-binding. (We will conduct binding Arbitrations on request.)
- Most Arbitrations are conducted via zoom (we provide a link).
- Live Arbitrations are available upon request. If desired, please advise when scheduling.
- Arbitration is not confidential.
- Any party may retain a court reporter at its own expense. Please advise in advance of hearing if intended.
- Please avoid ex-parte communications with the arbitrator.
Before the Arbitration Hearing
Parties are encouraged to provide a summary of the case 7 to 10 days before the hearing. This may include: proffers, evidence and argument. No specific format is required.
- Arbitrator typically reviews the court docket prior to hearing.
- Parties are encouraged to provide a statement with authorities supporting their positions.
- Parties are encouraged to provide evidentiary support to the extent they deem necessary.
– Evidence may be given greater weight than unsupported proffers. - Parties are advised to be efficient in written submissions (eg: selected testimony pages
rather than entire transcripts).
All materials must be provided to opposition. All are reviewed by the Arbitrator in their entirety.
At the Arbitration Hearing
Typically, Plaintiff will present its case, then Defendant, then rebuttal. The procedure is relaxed to allow for full hearing of issues.
- Failure to attend properly noticed/ordered ADR may result in adverse default decision.
- The rules of evidence are heavily relaxed. Objections typically go to weight rather than
admissibility. Significant objections are noted in the Award.
– We understand discovery may be incomplete. Prior nondisclosure may be considered as to weight. - The rules contemplate no live testimony but do not prohibit it. If offered, testimony will
be permitted. Efficiency is recommended.
– Please disclose anticipated live testimony prior to the hearing.
– All witnesses are sworn and subject to cross examination.
At the conclusion of the Hearing, in consultation with the parties, the Arbitrator may close the evidence, schedule additional hearing, and/or allow for supplemental written submissions. The Arbitrator will file a report with the Court advising that the hearing proceeded.
After the Arbitration Hearing
After the close of evidence, the Arbitrator has 10 days to review materials and issue an Award. The Arbitrator may review authorities cited and/or conduct such legal research as reasonably necessary. The Sealed Award is filed with the Court and provided to the parties. The parties may file rejection of arbitrator award directed by FLRCP 1.820(h).
Mediation Procedures
Mediations allow each side to hear the position of the other side’s perspective before the Mediator facilitates negotiations. Unlike arbitration, ex-parte communication with Mediator is permitted. The mediator does not decide the merits of any case.
- Most Mediations are conducted via zoom (we provide a link).
- Live Mediations are available upon request. Please advise when scheduling.
- Mediation is confidential. Recording or outside discussion is prohibited.
- Mediation is voluntary. The parties decide the result of mediation.
- Parties, their attorneys and insurers (as applicable) are required to attend with full
authority to resolve the matter pursuant to FLRCP 1.720. - Non-parties are not permitted to attend without the consent of all parties and are subject
to the same rules of confidentiality. - Failure to attend court-ordered mediation is reflected in mediator’s report to the court.
Before the Mediation
Parties are encouraged to submit a summary of the case before the mediation. This may include a proffer of facts as well as legal argument. No specific format is required.
- Evidence may be submitted but is not required. Please be efficient in submission of
evidence as submissions will be reviewed in their entirety. - The mediator may review the Court docket of the case.
Prehearing submissions may be confidential or shared with opposition at Party’s sole discretion.
At the Mediation – Typical Process
Typical mediation begins in open session with all parties present – each party will be provided the opportunity to state their position and respond to comments of opposing parties.
- Mediator’s sole goal is to attempt to achieve settlement.
- At the conclusion of the openings the parties will separate into private rooms “caucusing”.
- Mediator will move among rooms to for negotiation. While in your room, expect:
– Discussion of the merits of the positions of all parties.
– Receive/provide terms of settlement (demands/offers).
– “Devil’s Advocacy” – mediator is not taking sides but ensuring understanding. - Information provided to mediator in private rooms will be used to achieve resolution if
possible. Please inform the mediator of any confidential information not to be expressed to any other parties. All such instructions will be honored. - Mediation continues until there is a settlement or an impasse (non-settlement)
After the Mediation
The Mediator will prepare and file a report with the court affirming the mediation occurred and the attendance of the parties and whether or not a settlement was reached.
- The mediator will provide a short-form mediated settlement agreement at the request of the parties with all parties remaining present until completed.
Hybrid ADR Process
If all parties agree, the hybrid involves both the processes of mediation and arbitration. It has advantages of giving the parties the opportunity to negotiate a resolution prior to an arbitration award. Combining the processes allows for mediation openings (typically more conciliatory) followed by arbitration statements (typically more advocacy). A single Neutral individual serves both as Mediator and Arbitrator. Hybrids can be more cost-effective and streamline compliance with court ADR requirements.
Pre-Hearing
A coordinating meeting may be helpful to resolve any procedural questions and is available on request. Parties are encouraged to provide pre-hearing submissions including proffers of fact and legal arguments and authorities. No specific format is required.
- Pre-hearing submissions may be submitted confidentially or may be shared with opposition at the discretion of the party providing a submission.
- If the matter is not resolved during mediation, all pre-hearing submissions must be shared to avoid ex-parte consideration.
Mediation
Mediation is conducted first, generally following the Mediation Procedures described on this website.
- The Neutral’s goal is to settle the matter only.
- Efforts to resolve the matter do not reflect predisposition as to an ultimate NBA award and
should not be interpreted as such. - Mediation continues until there is either settlement or impasse.
- If the matter is resolved at mediation, there is no Arbitration.
- If the matter is not resolved in mediation, NBA begins.
Arbitration
Caucusing rooms are closed and the parties reconvene in a group setting to proceed according to the Arbitration Procedures described on this website.
- Additional presentations are permitted but not required.
- Each party has the opportunity to present testimony and/or additional evidence.
Upon conclusion of the hearing, Arbitrator will discuss with parties whether time is required for additional written submission before decision is rendered.
Have a Legal Matter to Discuss?
Lavy Law & ADR provides experienced counsel and dispute-resolution services in construction, litigation, mediation, and arbitration.
Contact the firm to discuss your matter and the available options for moving forward.
Address:
8824 Swell Brooks Court North Fort Myers, FL 33917