Global settlement conferences and mediation are collaborative processes to achieve a mutually acceptable agreement, while binding and non-binding arbitration are formal processes to decide a dispute.

All three forms of alternative dispute resolution (ADR) are faster, less expensive, and less adversarial than going to court. Global settlement conferences and mediation allow parties more control over the outcome, reaching a tailored solution based on their needs and interests. On the other hand, arbitration grants decision-making power to a neutral third party such as an arbitrator.

Global settlement conferences are meetings held before a lawsuit begins to attempt to resolve all or part of a dispute. Parties, with their legal representatives, negotiate with the help of a neutral facilitator to reach a comprehensive settlement agreement. These conferences aim to save time and money by resolving conflicts early without going to court.

A mediator is a neutral third party who assists disputing parties in reaching an agreement. They facilitate communication, help identify common ground, and aid in negotiating a mutually acceptable resolution.

During a mediation session, the mediator meets with the parties to discuss the issues, facilitate communication, and assist in negotiation. The mediator may offer suggestions or provide information, but they do not make decisions for the parties. The goal is to help parties reach a mutually acceptable resolution.

Qualifications vary based on jurisdiction and the type of dispute. However, most mediators and arbitrators have training in conflict resolution and negotiation, with some specializing in specific areas of law or practice.

Edward Montoya holds the following certifications:

• Certified Federal Mediator, U.S. District Court, Middle District of Florida
• Florida Supreme Court Certified Mediator, Circuit Civil

Florida Supreme Court certification ensures that mediators meet high standards of professionalism and ethical conduct. Certification is granted based on criteria such as education, training, experience, and performance, ensuring mediators possess the necessary skills to facilitate constructive dialogue.

In non-binding arbitration, the arbitrator acts as a neutral evaluator, making a recommendation for resolution. Parties are free to accept or reject the recommendation, and may choose to pursue other forms of dispute resolution if they do not agree.

Binding arbitration involves a neutral third-party arbitrator who hears a dispute and makes a final decision based on presented evidence and arguments. The decision is legally enforceable if necessary.

Global settlement conferences maintain certain confidentiality standards since they are pre-suit processes. However, agreements drafted memorializing an agreement might not have confidentiality protections, especially when a party fails to meet its obligation under the agreement. 

In contrast, mediation is normally held during the pendency of a court-filed case. The confidential nature of communication with a mediator is protected under Florida Statutes 44.401-44.406, also known as the Mediation Confidentiality and Privilege Act. Most communications are kept confidential except where disclosure is required or permitted by law. Maintaining confidentiality encourages open dialogue and allows the parties to reach agreements more efficiently. 

Arbitration is a private process governed by Florida Statute 44.103(a). The parties can agree to keep the record confidential, making any information presented by the parties during a hearing private. However, the parties do hear each other's arguments during the process.  

We provide online and in-person global settlement conferences, mediation, and arbitration services. Our preferred online platforms include Zoom, Microsoft Teams, and WebEx.

We offer flat fees for full-day, half-day, and multi-day global settlement conferences, mediation, or arbitration in most cases. Hourly rates may be available in certain circumstances. Mass Tort and Class Action cases have separate fee schedules. Please contact us at (305) 445-9292 or mediation@montoyalawpa.com to learn more about our fee options.