Fair and Just Mediation and Arbitration Attorney
A Knowledgeable Orlando Lawyer With 35 Years Experience
There are a variety of different methods in which attorneys can obtain meaningful results for their clients. Attorneys understand it is important to explore all legal options and make decisions depending upon the details of each case. Undergoing mediation or arbitration allows clients to obtain lasting legal solutions while saving valuable time and money. At our office, we accept attorney referrals for mediation and arbitration cases.
Attorney James W. Sears provides mediation and arbitration services in Central Florida. Mr. Sears is an Orlando based attorney who has practiced in business law, criminal law, real estate law and other practice areas for the past 35 years. He is licensed to practice in all Florida state courts.
Contact our firm by calling 407-982-3829 or 866-920-6344 to receive help obtaining a timely and cost-efficient alternative legal solution to clients' disputes.
Vast Legal Knowledge and Dependable and Fair Judgment
Over his long career, Mr. Sears has developed a vast amount of legal knowledge in a variety of practice areas. In his previous work as an independent third-party mediator and arbitrator, he has displayed judgment and clarity in his decisions.
Mr. Sears takes great pride in helping others resolve their legal issues while avoiding expensive and painstaking litigation. He has been a resident of the Orlando area for over 50 years and is committed to making a difference in his community.
Settle a Case Through Mediation
Mediation is a process by which an impartial third party facilitates resolution of disputes without deciding what the resolution should be. It is informal and non-adversarial. The objective is to reach a mutually acceptable agreement. Having been a mediator over 14 years and an attorney representing clients in lawsuits for 35 years, Jim Sears brings a wealth of experience to the mediation process.
The mediation process is confidential and the communications are not admissible in court with some exceptions spelled out in the statutes. The confidentially encourages everyone to communicate openly and candidly to solve problems.
Trials are uncertain and expensive. No one has a guarantee they are going to win. The outcome of a trial in unpredictable. Courts do not agree with each other. Appellate courts reverse trial courts and other appellate courts. People disagree with the decisions made by the courts. The parties to the lawsuit have no control over the outcome when the case is turned over to a judge or jury for decision. Everyone involved faces risks if the case goes to trial. Those risks can be overcome by the benefits of the certainty a settlement provides. The parties have the most control over the outcome when they reach agreement on the terms of a settlement. In some cases the settlement can provide a solution that cannot be granted by the court. The mediation process is in effect "risk management."
A party in mediation does more than in the trial. While both involve being an advocate for their point of view, the mediation also involves each party evaluating their case and focusing on solutions other than going to trial. It is not necessary to reach an agreement on who is right or wrong in order to settle the case. What is needed to reach an agreement is everyone approaching the process with an open mind, everyone being flexible and everyone thinking like a problem solver. Everyone in the mediation needs to be actively involved in the process rather than being a spectator. The focus in on solutions rather than fault. The definition of a solution is something that works for everyone.
While it takes everyone involved to agree to settle a case it takes only one person to prevent it from settling. Sometimes people have unrealistic expectations or are in denial about the problems in their case. Sometimes a person is putting up obstacles or roadblocks to sabotage the settlement efforts. Jim is aware of the human factors that influence the process and is experienced giving people a "reality check" to help them evaluate their cases. Each party owes it to themselves to frankly and candidly acknowledge the problems and weaknesses in their case. If they do not they are doing a big disservice to themselves. If a party does not consider all points of view, even if they disagree with them, they are not making an informed decision of what to do in the case. An uninformed decision is not likely to be the best decision.
Jim works hard using common sense and his experience as a litigator for 35 years to help people manage the risks they are facing, evaluate their case, consider the worst case scenario they may not have realized, explore alternatives, understand the decision making process, consider the cost effectiveness of what is happening, determine the best use of their resources and make an informed decision whether to settle a case or take it to trial.
Emotions are often riding high in cases. Progress is made by focusing on the problem and solutions rather than on fault, people and personalities. This is separating the people from the problem.
If everyone approaches the process with an open mind, is flexible and thinks like a problem solver the likelihood of a settlement is very high.
Please contact us to discuss our mediation and arbitration services and your other legal concerns. Our office is open weekdays from 8:30 a.m. to 5:00 p.m. and is located near I-4 and Princeton Avenue.