Robert N. Heath, P.A.Robert N. Heath, P.A.2025-08-27T12:40:47Zhttps://www.robertheathmediation.com/feed/atom/WordPress/wp-content/uploads/sites/1401716/2025/08/cropped-favs-1-32x32.pngOn Behalf of Robert N. Heath, P.A.<![CDATA[Construction defects to watch out for when you inspect your new property]]>https://www.robertheathmediation.com/?p=475462020-12-11T20:11:28Z2020-12-11T20:11:00ZCommon defects
Every situation is unique, but the following are some common defects that you want to keep in mind while you examine the property:
Issues with the concrete and masonry that impact the structural integrity of a building
Issues that make the building unstable or dangerous
Problems with mechanical systems that mean they can’t run properly
Fire hazards due to electrical defects or electrical systems that simply do not work
Problems with water intrusion and moisture protection
The onset of toxic mold due to the issues noted above
Problems with doors and windows, such as doors that don’t lock properly or windows that cannot be opened in an emergency
Problems with the finish that take away from the aesthetic appeal of the property
Some of these are more serious than others, such as fire hazards posing far larger problems than issues with the property’s finish. However, all of them are serious in the sense that you paid for a higher caliber of work.
Can mediation help?
If you find yourself in a dispute with your contractor, it may be wise to consider mediation. You can work with trusted legal professionals to sit down, discuss the issues and find a solution that works for both sides.]]>On Behalf of Robert N. Heath, P.A.<![CDATA[Can mediation help with your business dispute? ]]>https://www.robertheathmediation.com/?p=474832020-11-26T17:03:34Z2020-11-26T17:03:26ZYou’re having a dispute with your business partner, and you can’t come to a resolution on your own. There are only two of you, so no one can cast a tie-breaker vote. You’ve come to an impasse, but you don’t want to take this to court. What can you do?
The value of mediation
One potential option is to consider mediation. You know that you need a resolution and you don’t want to force a court to rule. But you also know that you and your partner aren’t going to agree on your own. The solution may be to work with a mediator. A mediator is a third party who is not biased to favor either party and who has no legal power to make a decision or a legal ruling. Instead, they assist you with the process of working out the dispute. They tell you about various options, advise you about the law, guide the process and open a dialogue between the two of you so that you can work together to reach that solution. In the end, the mediator’s goal is not to make a decision, but to allow you and your partner to voluntarily make that decision on your own. This is the best of both worlds. You get the assistance you need, but you still have full control of the decisions being made for your own company.
Getting started
If you’re interested in this process, it’s worth looking into how you can get started and how mediation may help you and your partner peacefully and easily come to an agreement. ]]>On Behalf of Robert N. Heath, P.A.<![CDATA[When does mediation make sense?]]>https://www.robertheathmediation.com/?p=474782020-11-13T06:49:23Z2020-11-14T06:48:49Zneutral third party helps two conflicting parties come to an agreement without going to court.
Review a few possible situations in which mediation might make sense for you.
Landlord and tenant disputes
Perhaps you own a rental property and want to renegotiate the terms of the lease when your tenant renews. Maybe you rent a home and you have concerns about maintenance and security in the apartment. Mediation can potentially help you reach a solution in these or similar situations.
Neighbor disputes
The last thing you want to do is sue your neighbor. After all, you have lived next door to the Smiths for a decade already. Unfortunately, you just cannot afford to fix the damage their tree caused to your privacy fence last month. In this situation, attending mediation with the other family could help you reach a solution that keeps the peace.
Consumer complaints
You spent a lot of money on a new roof for your home. Within just a year, you have already noticed peeling shingles and leaks in the attic. Instead of immediately filing a lawsuit, you can request a mediation session to reach a solution that makes sense, whether that means a free repair or a partial discount on the labor. Either way, you will likely save money compared to the cost of court.
Other disputes that may benefit from mediation include conflicts between an employer and employee, collections cases involving past-due loans and personal injury negligence cases.]]>On Behalf of Robert N. Heath, P.A.<![CDATA[Want to succeed at mediation? Be willing to compromise]]>https://www.robertheathmediation.com/?p=474752020-11-12T20:38:45Z2020-11-12T20:38:37ZMediation is a professionally-facilitated dispute resolution system. It involves you and the other parties involved in a conflict sitting down together or working individually with a neutral mediator. The goal of the mediation process is to help you resolve your conflicts without going to court. Typically, both parties will have to make concessions and compromises in order for mediation to be successful. Knowing that before you arrive at the mediation table can help you better strategize for your own benefit.
You need to ask for more than you hope to receive to make mediation work
If the goal in mediation is compromise and cooperation, that means both you and the other party will have to give up some of what you want. Whether you need reimbursement because of a construction defect or post-termination benefits from an employer trying to stonewall your severance package, you don't want to come to the table asking only for what you actually need. You should add some additional requests or consider increasing what you asked for so that there is wiggle room during negotiations. That way, you won't lose out on the results you need in order to reach an agreement. With your goals firmly in mind, you give yourself room to bargain.
Set aside the assumption that the other party won't work with you
One of the biggest problems people have heading into mediation is the presumption that the other party will prove totally inflexible. Research has shown that it is negative assumptions about cooperation and compromise often determine the outcome of mediation and similar dispute-resolution efforts. To best protect yourself, you may want to ask for more than you want, but you should also go into negotiations with the expectation that once you set reasonable terms, the other party will agree. Having your own representation during mediation will make it easier for you to negotiate and properly draft a binding agreement if mediation is successful.]]>On Behalf of Robert N. Heath, P.A.<![CDATA[More attorneys than ever receive intensive mediation training]]>https://www.robertheathmediation.com/?p=474722020-10-30T16:30:18Z2020-10-30T16:30:09ZWhenever you have a civil dispute with another person or organization, you must choose a way to resolve the matter to your satisfaction. For many in the Pensacola region, mediation is the “go-to” solution to resolve civil disagreements. A few examples of such disputes include:
Insurance claim disagreements
Landlord and tenant conflicts
Personal injury resolution
Employment law disputes
Despite the growing popularity of mediation to address civil matters, a lot of people wonder if attorneys are qualified to act as mediators. After all, lawyers only receive training to argue cases on behalf of their clients, right? As lawyers ourselves, we want to make sure you understand that this is no longer the case.In our state, mediators must meet a great many requirements before the Florida Supreme Court certifies them as mediators. What this means is that an attorney cannot become a mediator until he or she meets these requirements. Further, our state has an extensive set of ethical standards and rules with which all mediators, attorneys or otherwise, must comply.We hope that you take comfort from knowing how intensive the training and certification process is for lawyers to act as mediators. If you still feel concerned about an attorney’s qualifications, we urge you to ask questions of your mediator. Listen to the answers you receive and compare them with your ultimate goals in resolving any civil disputes you may have.You can also learn more about our firm’s mediation qualifications and credentials by continuing to review the information on our website and our legal blog. Finally, we also encourage you to reach out to our firm for personalized guidance and specific answers to any concerns you may still have.]]>On Behalf of Robert N. Heath, P.A.<![CDATA[If you value your privacy, mediation is better than court]]>https://www.robertheathmediation.com/?p=474692020-10-27T19:53:22Z2020-10-27T19:53:14ZLawsuits often mean the loss of your privacy
Unfortunately, that is exactly what happens in most civil court proceedings. What you say becomes part of the public record. A lawsuit will result in information about business agreements and contracts becoming accessible to everyone from business rivals to the local newspaper.
Don't let the fear of having your personal information made public stop you from standing up for yourself. You have the right to explore other ways to resolve this dispute outside of court. Mediation, unlike court, is typically confidential. That can make it an appealing way to resolve conflicts.
Florida law makes mediation proceedings confidential
One of the many reasons mediation is such a successful dispute resolution tool is that both parties involved can openly talk about their feelings or experience without worrying about who will eventually read what they say.
The discussions you have during mediation can result in a binding agreement. The terms of that agreement may become public information, but the actual discussions remain private. The assumed confidentiality of mediation is reinforced by state code in Florida.
Barring specific circumstances, mediation remains confidential.
Consider mediation a viable tool for quietly resolving disputes
Avoiding litigation means keeping expenses associated with a disagreement lower and protecting your privacy. Mediation is not a last resort option but an alternative approach that greatly benefits everyone involved.
Each party has more control over the outcome and the ability to say what is most important to them. The privacy of all parties has greater protection, and mediation can make it possible to settle disputes much more quickly than going through the civil courts. Mediation can be a great choice for those who want to preserve their privacy without letting go of an issue.]]>On Behalf of Robert N. Heath, P.A.<![CDATA[How to prepare for mediation]]>https://www.robertheathmediation.com/?p=474662020-10-20T13:31:10Z2020-10-20T13:31:03Zsome things to consider to get you ready for your mediation:
Do the math: Entering a meeting armed with facts and figures is vital. If you fail to prepare and pluck figures from thin air, expect the other party to shoot them down. Knowing the numbers gives you a solid base to negotiate from.
Understand the law: This is why you have an attorney to help. They can help you understand what the law would say about your situation and what boundaries a court would work within. Knowing this gives you a better idea of what you can reasonably expect to achieve. You could always turn to litigation as a last resort if the other party fails to meet your needs.
Bring the right attitude: Perhaps there has been some ill will in your dealings with the other party. If so, you need to put that behind you; otherwise, you are unlikely to reach an agreement. Both parties must enter looking to get a deal and willing to cede ground to do so.
More and more cases of all kinds are being solved by mediation as people realize the considerable benefits over litigation.]]>On Behalf of Robert N. Heath, P.A.<![CDATA[Mediation works, but make sure it is right for your situation]]>https://www.robertheathmediation.com/?p=474632020-10-06T15:05:28Z2020-10-06T15:05:13Zmany advantages in personal injury disputes, it might not be the best choice for Bob in this fictional example. Clearly, Tom is unwilling to admit that he caused or played a role in Bob’s injury. He is unlikely to change his stance and could try to take control of the mediation sessions to benefit his side of the dispute.
Our Florida attorneys believe in mediation and its many valuable benefits. However, we are also aware that it does not work in every situation. Often, potential personal injury plaintiffs can gain some insight into whether mediation is a viable option for them by seeking a qualified legal opinion. Based on their prior experiences, attorneys can spot signs that mediation may fail in some cases and can offer guidance tailored to your unique circumstances.
You can find more information about mediation to resolve personal injury cases by continuing to explore our dispute resolution resources.]]>On Behalf of Robert N. Heath, P.A.<![CDATA[Mediation helps open a dialog between opposing parties]]>https://www.robertheathmediation.com/?p=474602020-09-21T19:26:57Z2020-09-21T19:26:45ZWhen a conflict between two people goes to court, you tend to talk to the judge. You may do this yourself or through your legal team. The person that you are opposing also talks to the judge. In the end, that judge makes a ruling on what they feel is fair, given what they have heard.
Already seeing the problem? The judge doesn’t know nearly as much about the conflict as you and the other party do already. You have to explain it to them. You have a very small window of time to make them understand what you have been dealing with every day. They’re going to come to a conclusion based on that very limited information, and it’s going to be legally binding. With mediation, however, you get to open up a dialog between you and the other party. The mediator helps to guide you, but the goal is for the two of you to discuss where you stand. The mediator is impartial, and they also will not make any sort of ruling. They just help the two of you come to an agreement. There are situations where this type of discussion can give you far better results. You don’t have to simply hope the judge understands. You don’t have to abide by a legal order that you think doesn’t reflect your needs or the real situation. Instead, you get to talk and work together to make those decisions. You are in control -- and that means both parties may end up with a better outcome.If you’re interested in this type of problem-solving approach, rather than moving directly to more standard resolution in court, it’s wise to know exactly what steps to take. An experienced mediator can help you get started.]]>On Behalf of Robert N. Heath, P.A.<![CDATA[Mediation may get you a better outcome]]>https://www.robertheathmediation.com/?p=474302020-09-09T11:12:14Z2020-09-09T11:12:06Zmay get better results than if you went to court. This is not a guarantee, as there are no guarantees in any legal case. But it can be better when used properly.
Why is this? Well, both sides can work together to get what they want. In court, you work against one another. With mediation, you can make compromises. For instance, you may discover that the hospital isn’t as worried about paying you a settlement as they are about admitting guilt. Keeping the case out of court could mean they don’t have to admit guilt and you still get paid. It’s better for both sides.
The flexible nature of mediation, with the control that you get, also comes into play. With a court case, the outcome is whatever the judge thinks is best. With mediation, it’s a compromise with what you and the other party believe is best. This increases the odds that you’ll both see it as a fair outcome.
If you’re considering mediation for any case, you need to know what steps to take and how to make it go smoothly.]]>