Miami's Eleventh Judicial Circuit court and the U.S. District Court for the Southern District of Florida are some of the busiest courts in the nation. Notwithstanding, well over 99% of all cases are resolved by some means other than by a trial. Why do cases settle? Often times, cases settle because of litigation costs (attorney fees, expert fees, subpoenas, discovery, etc.) and the unpredictability of outcomes. With this in mind, it is important to consider mediation as a method of resolving a case early on before the costs of litigation get out of hand. Of course, it is usually difficult to make peace without communicating with the opposition.
A good mediator is neutral, and can set the tone and demeanor for negotiations. A good mediator can make suggestions and provide parties with the benefit of real - not anecdotal - court experiences while working to provide viable options to litigation. A good mediator can make the difference between whether a case resolves amicably or spends years in costly and seemingly never-ending litigation.
Today, Scott J. Silverman works as a mediator and arbitrator exclusively with JAMS, the largest private provider of mediation and arbitration services worldwide. Many have acknowledged his work in these areas. Miami's Daily Business Review's "Best of" survey rated him the best "Alternative Dispute Mediation Individual" for the three consecutive years (2013, 2014, and 2015) - the only person to have accomplished this honor. "Best Lawyers in America" also lists him in its 2015 and 2016 editions for Mediation.
Notably, Chambers and Partners, the distinguished London-based ratings service included Scott J. Silverman in its "2016 USA Guide: America's Leading Lawyers for Business" in the area of Mediation. Silverman is just one of twenty mediators nationwide to be included in the guide. Chambers wrote:
Well-known mediator and former judge Scott Silverman has a broad-ranging practice in alternative dispute resolution, offering particular experience in commercial, employment and construction matters. "He has a very good business sense," say sources, "and as a result is able to come up with creative solutions that people normally don't think about. He is very good at identifying intangibles that people can use in negotiations and mediation." He is a member of JAMS and is based in Florida.
MediationScott J. Silverman has a wide degree of experience in mediations. He has conducted numerous mediations involving business and commercial disputes, including those involving claims of breach of contract, fraud, violation of Florida's Deceptive and Unfair Trade Practices Act He has also mediated cases involving toxic torts (asbestos), employment matters, tip pool disputes, medical malpractice, legal malpractice, accounting malpractice, personal injury, wrongful death, insurance disputes, dissolutions of marriage, and post-trial matters.
The following are handful of his mediations:
- Breach of contract claim between a company and governmental agency involving tens of millions of dollars;
- Breach of employment contract;
- Employment discrimination - sex pregnancy, etc.
- Numerous international maritime/admiralty arbitrations in which crew members claimed serious personal injuries and sought damages under the Jones Act, unseaworthiness theories, and maintenance and cure;
- Complicated closely held corporate dissolution which resulted in a buy-out from one corporate officer to another;
- Commercial landlord-tenant dispute between a large well-known Florida law firm and its lessor over a security deposit;
- International labor arbitration in which a multi-national corporation allegedly engaged in unlawful age and sex discrimination;
- Half-million dollar corporate mortgage foreclosure deficiency dispute between a guarantor and a lender bank/
- Personal injury case in which a propane gas grill, sole by a national retailer, exploded causing the plaintiff third and second degree burns;
- Claim for damages brought by the client of a well known accounting firm who alleged that she loaned the firm’s partner a large sum of money and the partner defaulted;
- Petition to modify a judgment of dissolution of marriage which sought to increase one parent’s time sharing with the divorced couple’s minor children;
- Petition for Temporary support claimed by a divorcing spouse in a marriage of less than ten years;
- Dispute between a hospital and a professional recruiter over a claimed commission;
- Claim by a major for-profit hospital chain against an international insurance company regarding alleged monies owed to it by the insurance company for medical services provided to its insureds;
- Commercial loan default by an institutional lender against a well known physician;
- Legal malpractice and spoliation case in which a prominent attorney allegedly lost an integral piece of evidence, which resulted in a less than satisfactory conclusion in the plaintiff’s underlying lawsuit;
- Claims for injuries resulting from exposure to asbestos;
- Dispute in which a police officer was allegedly denied the opportunity by a municipality to make payments from his IRC 457(b) deferred compensation plan to the city’s defined benefit plan, to purchase service credits;
- Personal injury claim in which a plaintiff was a seriously injured after coming into contact with a power line; and
- Dispute between the FDIC, as receiver, and the officers and directors of a failed bank;
- Medical malpractice claim against a doctor and university hospital for allegedly failing to diagnose and promptly treat a tracheoesophageal fistula.
- Wrongful deaths - auto accident with pizza delivery man;
- Wrongful deaths - maritime accident in Biscayne Bay; and
- Wrongful deaths - auto accident involving an exploding tire
Domestic and International Arbitrations
The following are the types of arbitrations he has presided over, wether as a sole presiding arbitrator or as a member/chair of a tripartite arbitration:
- Commercial arbitrations;
- Employment arbitrations;
- International arbitrations (seats of arbitration in the Commonwealth of the Bahamas, Colombia, Jamaica, Nicaragua, Peru, and the United Kingdom; and
- Maritime arbitrations, including arbitrations with three of the world's largest cruise lines
Contact Scott J. Silverman if you are considering a mediation or arbitration in Miami or in any other part of the United States, South America, or Europe.