Miami, Florida
Mediation Attorneys Serving Miami, Miami-Dade County
Supreme Court certified mediation for Florida family, civil, and commercial disputes, offered by David H. Walkowiak as a neutral or as counsel alongside your existing attorney. Some Miami civil and family matters reach David as the court-appointed or agreed neutral, since he is Supreme Court certified in both civil and family mediation. Others reach the firm as counsel for one side, with mediation being the part of the case where something actually gets decided.
How we approach mediation matters in Miami
Miami is four hours south of our Lutz office. That distance means almost every Miami matter we handle runs remotely from intake through resolution. David Walkowiak holds Florida Bar Board Certification in Real Estate Law, a statewide credential honored in every Florida county. Gwen Walkowiak drafts Florida estate plans that work as well in Miami Beach as they do in Tampa Bay, because Florida homestead and probate statutes apply the same way across all sixty-seven counties. Miami clients who find us usually come through a referral from someone we closed a deal for years ago in another part of the state.
Miami-Dade County courts and local practice notes
Miami-Dade courts order mediation in most civil and family matters. Zoom has become the default, which makes an out-of-county neutral a practical choice.
Directions from Miami: Our office is in Lutz, a suburb north of Tampa. For Miami clients, the drive is about four hours south via I-75 and the Florida Turnpike. We almost never ask Miami clients to make that drive. Initial consultations happen by phone or Zoom. Closings run through secure e-signing and wire coordination with the Miami area title company of choice. Strategy calls and document review happen remotely. If an in person meeting is needed, we travel or we meet by video.
About our mediation practice
Mediation works because it puts the outcome back in the hands of the people who have to live with it. A judge decides a case based on evidence and law. A mediator helps the parties decide a case based on what they actually need. For a lot of disputes, especially family disputes and business disputes where the relationship has to continue, that is a materially better result.
David Walkowiak, certified mediator
David holds two separate certifications from the Supreme Court of Florida: Circuit Civil Mediator and Family Law Mediator. These certifications require training, observation, and examination beyond a law license. After 25 years of litigating civil, real estate, and family matters, David serves as a neutral in disputes he understands from both sides of the table.
How mediation actually works
Both parties meet at the mediator’s office or a conference room, usually with their attorneys. The mediator explains the process. Everything said in mediation is confidential and cannot be used at trial. The parties make opening statements. Then the mediator separates them into different rooms and moves between them carrying offers, testing positions, and proposing solutions. No one is forced to agree to anything. The mediator’s only leverage is the parties’ own interest in a predictable outcome and a lower legal bill than trial would produce.
When the parties reach an agreement, it is written up and signed on the spot. If the mediation is court-ordered, the agreement is submitted to the judge. If no agreement is reached, the case continues where it was. Nothing is lost.
What mediation is good for
- Family matters. Divorce, custody, visitation, support, property division.
- Business disputes. Partnership breakups, contract disagreements, non-compete enforcement.
- Real estate. Boundary disputes, HOA conflicts, landlord-tenant matters.
- Civil litigation. Personal injury settlements, construction defects, employment claims.
- Probate and estate disputes. Will contests, trust beneficiary disagreements, accounting disputes.
Benefits over a courtroom
Mediation is faster. Mediation is cheaper. Mediation is confidential. There is no public record, no trial transcript, and no press coverage. Mediation preserves relationships that litigation destroys. And, most importantly, the parties retain control over the outcome rather than handing it to a judge or jury.
Common questions
Frequently asked about mediation in Miami
Do Miami courts order mediation?
Miami-Dade County family and civil courts order mediation in most contested matters, and mediating early is usually cheaper than mediating on the courthouse steps. David is Supreme Court certified as a civil and family mediator.
What is the difference between a mediator and a judge?
A mediator does not decide anything. The mediator's job is to help the parties reach their own agreement. A judge imposes an outcome. That distinction is the entire point of mediation. You stay in control of the result.
Is mediation binding?
The mediation process itself is not binding. But if the parties reach an agreement in mediation and sign it, that agreement is a binding contract. Court-ordered mediation agreements are typically submitted to the judge for entry as a court order.
What credentials does a certified mediator have?
David H. Walkowiak is certified by the Supreme Court of Florida as both a Circuit Civil Mediator and a Family Law Mediator. These are two separate certifications that each require training, observation, and examination.
What are the possible outcomes of mediation?
There are three outcomes. Full agreement on all issues, which is submitted to the court for approval. Partial agreement, with the remaining issues decided by the court. Or no agreement, in which case the matter continues on its existing track. No party is ever forced to settle.
How much does mediation cost compared to trial?
Mediation is almost always dramatically cheaper than a contested trial. A half-day mediation can resolve a case that would otherwise take months or years of discovery, motion practice, and trial time, with correspondingly higher attorney fees.
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