NEW: The Rasco Klock Mediation Group

   Jul 27, 2020    | ABL News

Mediation has become a valuable method of Alternative Dispute Resolution.  Judicial and Arbitral proceedings are designed to decide which claim or defense “wins the day” – a dispute resolution by fiat.  A Mediation on the other hand is designed to reach an amicable resolution by negotiation, by “give and take”, with the guidance of an experienced and objective mediator assisting the parties in realistically appreciating the strengths and weaknesses of their claim or defense.

Mediation may simply be “instructive” in that the parties have the benefit of a third party’s objective view of the dispute  which ultimately may lead to a settlement. Or the parties may contractually agree that the Mediation result will be binding, thus avoiding the significant costs, energies, angst and unknown aspects of litigation be it Judicial or Arbitral. Today, with current events having wreaked havoc with Judicial dockets and Tribunal schedules, binding Mediation has become more popular. Moreover, Mediation be it “instructive” or binding, is easily conducted remotely.

Mediation does not occur in a courtroom or the deliberations of an Arbitral Tribunal. It is well established that the most effective and successful commercial dispute Mediators are attorneys with experience in the prosecution and defense of such claims and, very often, the negotiation of a resolution of such claims.

Partners Alfonso Perez and Read McCaffrey will head the Rasco Klock Mediation Group.  The profiles of our dispute resolution partners, including Mr. Perez and Mr. McCaffrey, are attached. These attorneys are among the most experienced commercial dispute counsel in the United States. Mr. Perez is a seasoned and certified Florida Circuit Court Mediator with many successful dispute resolution results. Mr. McCaffrey’s experience has been largely international; one example is his being one of five comprising a Court appointed group to negotiate the settlement of the claims of the families of victims murdered on board Pan Am flight 103 over Lockerbie Scotland with the Government of Libya resulting in a settlement and payment of $2.7 billion.

Rasco Klock Mediation Group has the ability to conduct “instructive” non-binding Mediation, as well as binding Mediation in English or Spanish.  All Mediation efforts are conducted only after the execution of a Confidentiality and Non-Disclosure agreement by all parties. Sessions will usually involve one introductory meeting involving all parties and their counsel followed by “breakout” meetings between each party and the mediator individually.

The Administrator of the Group is Luis Oviedo whose contact information is loviedo@rascoklock.com, (305) 476-7100, Ext. 7110.  Once a request for our services has been received and following a review of the Mediation Statements submitted by the parties, Mr. Perez and Mr. McCaffrey will recommend to the parties, which partner they believe would be the ideal Mediator within Rasco Klock based on the issues and particular commercial “arena” involved.

Our fee rate for our mediators is reasonable.  There is no minimum amount of time involved.   

Mediations will be conducted in our Coral Gables offices.

Click here to see the profiles of the attorneys involved in the Mediation Group.

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