Mediations

Although it was not always so, mediation has become a routine part of the dispute resolution process in civil cases throughout the state. It is the rare case in which the trial court does not require mediation as a precondition to going to trial. The reason is clear: if the parties come together in good faith, the case will often settle. The Florida Supreme Court certifies mediators for the several level of the courts. The parties are required to attend in person with full authority to settle the case. Mediators do not make decisions for the parties. Rather, they assist the parties to focus on the case, usually for a half day or a day, and help them probe the strengths and weaknesses of the case, and facilitate offers and counter-offers in a respectful manner. Mediation is often most valuable when held “pre-suit” before the parties expend large sums in attorneys’ fees and costs. Appellate mediation is also becoming more common.

Judge Shepherd is a Florida Supreme Court certified Circuit Court mediator. As often as not, he has serve as the mediator by agreement of the parties, usually upon a referral or recommendation from an attorney who has previously used him. However, Judge Shepherd has also been frequently court appointed by trial judges in South Florida. He has also been appointed as a mediator by his former Court, the Third District Court of Appeal, either by agreement or sua sponte by the court. The types of cases, Judge Shepherd has mediated include complex business cases, federal discrimination cases, negligence cases, insurance coverage cases, probate, trust, and real estate cases, multi-party disputes between condominium unit owners and associations, and property right cases, including Bert Harris Private Property Protection Act cases.