"Let us never negotiate out of fear. But let us never fear to negotiate."
- John F. Kennedy
Consultant for Building & Civil Construction Owners Representative
Certified Circuit Court Mediator & Facilitator
David L. John P.E., C.E.P., P.W.S.
Arbitrator | Mediator
"I AM A REFRESHINGLY UNIQUE CIVIL & APPALLETE FLORIDA MEDIATOR"
Unlike others I have a practiced broad tool box with over 30 years of actual experience as a plaintiffand a defendant that has uniquely prepared me to assist litigants to efficiently and cost effectively resolve disputes quickly and with dignity. My experience of over 30 years of actual hands-on business experience in manufacturing, professional engineering consulting, construction, commercial & residential real-estate transactions and general business. Unlike most other mediators, I bring actual “Principal Participant” earned hands-on dispute resolution experience directly to the litigant parties during the dispute resolution process to assist them to cut through obstacles to reach a speedy, efficient and cost-effective dispute resolution. As a plaintiff and defendant, I have felt your pain. My work had taken me to many parts of the world where I have gained valuable experience working with many ethic groups and cultures.
Mediation is Quicker, voluntary process, less expensive, informal, private & confidential, timely & convention, mediator assists as a neutral third party, often preserves relationships, far less combatant, more flexibility and outcome in participant’s control whereas the outcome is not decided by a third party(s), better outcomes, parties better prepared to comply with the mediated outcome. Once it’s done, it’s done and all stakeholders walk away with an agreed to writtenresolution.
I have known David for over twenty years and I can say that his knowledge and professionalism is second to none. He is always willing to listen and provide professional advice. David, thanks for your service and advise over the years!
- ERIC P
David is dependable, responsible, knowledgeable, and kind. He is a great person to work with and communicates effectively. I would recommend him to anyone.
David is an experienced professional who understands the value of resolving disputes both efficiently and equitably. As a former CEO and engineer, David has an excellent business sense and technical knowledge that, together, provide adverse parties with a roadmap for reaching agreeable resolutions. I strongly recommend David John.
- ROB HYMAN
David is an experienced engineer and a true gentleman. A pleasure dealing with him always, and I could not recommend his services any more highly.
- JONATHAN LEWIS
David is an active member in the mitigation banking community and our industry association, ERBA. He serves as a longstanding reasoned voice of the industry and helps our internal committees find common ground on advocacy positions.
- SARA JOHNSON
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Is mediation accepted in Florida as a means to settle civil law suits or disputes without going to court?
Yes, the Florida Supreme Court encourages litigants to settle disputes by mediation which is most cost effective. In fact, the courts prefer disputes and civil cases be mitigated before a case is scheduled for a court hearing. The vast majority of disputes are settled at mediation which avoids a costly court hearing and an uncertain outcome. Relatively, very few cases are settled at court compared with disputes settled at mediation.
Who pays the mediator?
This is determined by the litigating parties. However, typicalcally, litigating parties usually share the mitigation costs on a pro-rata basis. When there are only two litigating parties the mediation fees are usually split equally between them regardless of settlement or not.
Who selects the Mediator?
While it is rare, sometimes the Judge suggests a mediator or offers up a slate of mediators from which the litigants can select from. More often, the attorneys and/or the litigants discuss and agree on the selection of the mediator and agree to the mediator fees ahead of the mediation. So the parties select the mediator. By agreement, the mediator is typically paid at the conclusion of the mediation session meeting or shortly thereafter.
What is the role of the mediator?
To assist the litigants to reach a confidentiality agreement of settlement in a safe and respectful environment for all parties.
Does the mediator make a decision for settlement?
NO, the mediator doses not make the settlement decision for the litigants, they make their own decision which is recorded in writing and binding on the parties.
Do the litigating parties have to settle at mediation?
No, the mediation process is voluntary and parties can walk away with an impasse or no settlement. No one is forced or compelled to enter into a settlement agreement. Settlement at mediation is voluntary.