Practice Areas » Mediation
Our mediation practice includes mediation of business disputes, real estate disputes, HOA and Condominium Disputes, including presuit HOA Mediation
Mediation
Mediation is a process whereby a neutral third person called a mediator acts to encourage and facilitate the resolution of a dispute between two or more parties. It is an informal and nonadversarial process with the objective of helping the disputing parties reach a mutually acceptable and voluntary agreement.
In mediation, decision-making authority rests with the parties. 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. The mediator is a neutral, impartial third person who facilitates the mediation process.
The mediator’s role is to reduce obstacles to communication, assist in identifying issues, explore alternatives, and otherwise facilitate voluntary agreements to resolve disputes, without prescribing what the resolution will be. Mediation may be voluntary or court-ordered. As a Florida Supreme Court Certified Circuit Civil Mediator, Mr. McCorvey acts as a mediator in disputes involving over $15,000 in controversy.
HOA and Condominium Disputes, including presuit HOA Mediation
Under Florida law, disputes between a homeowners’ association and a parcel owner regarding use of or changes to the parcel or the common areas and other covenant enforcement disputes, disputes regarding amendments to the association documents, disputes regarding meeting of the board and committees appointed by the board, membership meetings not including election meetings, and access to the official records of the association shall be the subject of a demand for presuit mediation served by an aggrieved party before the dispute is filed in court. Presuit mediation proceedings must be conducted in accordance with the applicable Florida Rules of Civil Procedure, and these proceedings are privileged and confidential to the same extent as court-ordered mediation. Fla. Stat. § 720.311(2)(a)