Dispute Resolution Services
Having seen firsthand the issues involved in local government litigation, and the costs associated with litigation, Mimi recognized the need for alternate dispute resolution services that took into account the special needs involved when litigation includes government entities, and the concept behind TCDR was born. Primarily serving the tri-county area of Miami-Dade, Broward and Palm Beach Counties, arrangements can also be made for other parts of Florida.
The Turin Center for Dispute Resolution (“TCDR”) is dedicated to providing alternate dispute resolution services for legal disputes involving:
Local government entities
- Public Records & Sunshine issues
- Bid protests
- Quasi judicial proceedings
- Land Use issues
- Charter and Code disputes
Labor and employment litigation
- Title VII
- Florida Civil Rights Act
- Americans with Disabilities Act
- Fair Labor Standards Act
- Family Medical Leave Act
- Whistleblower claims
- Test validation
- Wrongful termination
- Collective bargaining and grievance procedures
- Consent Decree
- Civil Service challenges
- Police and prison litigation
- Civil Rights and Section 1983 cases
- Appeals, including review of local government agency action
- Procurement and bid protests
- General Liability
Helpful Information
What is an arbitrator?
Arbitrator: this is a person who is appointed to render an award, either alone or sitting with others on a panel, in a dispute that is subject to an agreement to arbitrate. (See Sec. 682.011, Florida Statutes)
What is mediation?
Mediation: this is an informal and non-adversarial process that utilizes a neutral third person (“a mediator”) who encourages and facilitates the resolution of a dispute between the parties. The objective is to help the disputing parties reach a mutually acceptable and voluntary agreement. In mediation, the parties retain their decision-making authority. The role of the mediator includes, but is not limited to, assisting the parties in identifying issues, fostering joint problem solving, and exploring settlement alternatives. (See Sec. 44.1011(2), Florida Statutes)
What should you expect (and NOT expect) at mediation?
What to expect (and NOT expect) at mediation:No, we do not sit around a table holding hands! What you can expect is that your attorney will give a statement of your position, and so will the other side’s attorney. You can also expect that after these opening statements are made, that the parties will go into separate rooms with their own attorneys and meet with me privately to discuss possible resolutions. With your permission, I will present each party’s suggested resolution to the other side and then facilitate discussions to help each side build towards a consensus that both sides can live with. Ultimately, it’s up to the parties to decide whether to settle. Once a settlement is reached, the terms of the settlement are formalized into a written settlement agreement and signed. If the entire dispute is resolved by the terms of the settlement agreement, your case will be dismissed. If only part of the dispute is resolved by the settlement agreement, then you will only continue litigating the remaining issues that were not resolved at mediation. If you do not reach a settlement that the parties can agree to, then your case will continue for the court to decide the outcome. So if you want to have some control over the outcome, mediation is the way to go!
Useful Links
http://www.leg.state.fl.us/statutes/
http://myfloridalegal.com/opinions
http://www.flcourts.org/
http://www.floridasupremecourt.org/
http://www.flsd.uscourts.gov/
https://www.eeoc.gov/
https://www.dol.gov/whd/
http://myfloridalegal.com/webfiles.nsf/WF/RMAS-A83N4S/$file/2016SunshineLawManual.pdf
http://floridafaf.org/programs-and-services/publications/