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Mediation-is it a good idea?

Mediation-is it a good idea?
By: Eric L. Hostetler

Mediation can either be voluntary or ordered by the court, depending on the jurisdiction. Mediation is becoming more and more common in small claims cases as the court will provide Supreme Court approved mediators to discuss your case after the pre-trial conference. In most circuit court cases, the Judge will require the parties attempt to mediate as part of a pre-trial order.

They breached the contract so what kind of damages can I get? How about lost profits or loss-of-use?

By: J. Mason Williams IV It can be difficult to determine what type of monetary damages, if any, a party is entitled to in a breach of contract case.  Even if you determine the type of damages, it can be even more difficult to prove the amount as evidenced in a recent case in Hillsborough […]

Will a Tenant get their security deposit?

By: J. Mason Williams IV I have been asked several times whether a person can get their security deposit back.  Often times, they tell me that they cleaned everything up and the landlord still won’t give them their deposit back.  Why not and what can I do?   Well, first you have to review your […]

Do you always have to pay rent?

The short answer is no, you don’t always have to pay your rent, but the circumstances that allow you to make partial payments, or to stop paying altogether are very limited.  In short, generally you need to pay your rent.  You might win a case and get that rent returned or get something fixed, but […]

Can I disinherit someone?

In Florida and many states (if not all states), the short answer is you can absolutely disinherit someone . . . mostly.  There’s a catch or two though.  You can disinherit anyone to a certain degree.  The problem is that statutes sometimes allow certain heirs the ability to take an elective share of the elective estate […]

What are the odds a case is going to trial?

Before starting my legal career, I often wondered how many civil cases actually go to trial.  I knew the number was small, but how many actually end up in trial.  Why is the number so small?  Is it just costs?  For the ones that do make it to trial, are they mostly bench trials (decided […]

The Five Advantages of Mediation

Is it better to seek mediation rather than go to court to settle a dispute?  Mediation is defined by freedictionary.com as “a method of resolving an industrial dispute whereby a third party consults with those involved and recommends a solution which is not, however, binding on the parties”.  When a dispute occurs between two or […]

Mediation: A Valuable Tool or Waste of Time

  In many civil cases, a judge will order mediation before the case goes to trial. Is this a useful tool? Or is it a waste of time and money? It all depends on the case whether mediation is going to help or not. Many times a case is an “all or nothing” kind of […]

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