22/2/2021 0 Comments February 22nd, 2021𝗦𝗼𝗹𝘃𝗶𝗻𝗴 𝗕𝘂𝘀𝗶𝗻𝗲𝘀𝘀 𝗗𝗶𝘀𝗽𝘂𝘁𝗲𝘀 According the CEDR Mediation audit – 10,000 commercial mediations were performed in 2016, an increase of 5%. There is trend to solve disputes as smoothly as possible. Business disputes raise concerns about the cost of litigation, loss of reputation and loss of time and energy.
Here are some tips to help you solve business disputes. 𝗖𝗵𝗼𝗼𝘀𝗲 𝘆𝗼𝘂𝗿 𝗹𝗲𝗴𝗮𝗹 𝗽𝗿𝗼𝗱𝗲𝗲𝗱𝗶𝗻𝗴𝘀 The procedure and results depends on which approach you choose. Before you go with one or the other, look to your dispute resolution clause. Often this clause requires resolving conflict by mediation or binding arbitration. Mediation and arbitration are two different collaborative practices. These alternatives are faster and cheaper than going to court. 𝗠𝗲𝗱𝗶𝗮𝘁𝗶𝗼𝗻 In the event you choose mediation, an independent third party helps you to come to a mutually acceptable settlement. The mediator has no authority to make a binding decision, their only duty is to help parties come to a resolution they can agree on. Mediation is the most popular procedure. Why? It gives you the most control with a better chance to come to an amicable solution. In contrast, once you choose arbitration or litigation, it is up to the judge or the arbitrator to decide and they are empowered to impose a decision. 𝗔𝗿𝗯𝗶𝘁𝗿𝗮𝘁𝗶𝗼𝗻 If you pursue arbitration, an independent third party will consider the facts and make a binding decision. If mediation does not enable you to resolve the dispute and you do not wish to choose arbitration, your last option is: 𝗟𝗶𝘁𝗶𝗴𝗮𝘁𝗶𝗼𝗻 My advice would be to only take a dispute to court as a last resort. Why? It may result in a leak of important information for public viewing, it is expensive and it is often a very long road.
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AuthorYoel “Mo” Molina, I am a lifelong resident of Miami, Fl. I am a graduate of Miami Senior High, Class of 1992, Georgia Institute of Technology, B.S. 1997 and University of Maine School of Law, J.D. 2001. I have been practicing law in Miami Since 2001. I am a former training prosecutor in the Miami-Dade State Attorney’s Office. I have experience in jury trials, appeals, and administrative hearings. I have appeared before judges across the State. My experience ranges from civil litigation matters, collection matters, foreclosure, business and corporate, contracts, real estate, leases and employment matters.. Archives
February 2021
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"Mr. Molina has always been there for us with timely, reliable and competent advice. He is an important and valuable part of our team." Corporate Client Eric Delgado, President of American International Export, Inc., a worldwide importer and exporter of brand name appliance parts. |
"Yoel has been responsive and attentive to our company’s best interests and needs. He has been a valuable resource to our company. Any company that enlists his services would be in good hands-- including our own clients.” Corporate Client Gibran Flynn - Co-Owner and Founder of Eleva Solutions, Inc., the South Florida leader of outsourced HR, Staffing, Training, and Loss Prevention. |
"My name is Anastasia Yecke Gude and I am the owner of Healing Hands Therapeutic Massage LLC. In the process of my company’s growth and expansion, I suddenly found myself a few weeks ago in need of a 1099 contractor agreement, and I needed it ASAP. As in, the very next day! I contacted the Law Office of Yoel Molina and his assistant put me in touch with Mo. I sent him what I had drafted up and he replied within a few hours with suggested revisions and clarifications, as well as a few insights I had not even considered. I was thoroughly impressed by the quality of work he provided, especially considering the time crunch I put him in (sorry, Mo!). I definitely recommend his services to anyone in need of a good contract attorney, and I will be calling him again for future work…hopefully in less of a rush next time!"
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