Schmucker & Lavy Legal, PLLC.

Alternative Dispute Resolution (ADR) gives parties the opportunity to resolve their disputes outside of the courtroom. Courts of Southwest Florida encourage (and frequently order) the parties to participate in ADR. This can come in the form of Mediation, Arbitration, or a Hybrid.

Mediation allows parties to retain control over the outcome of the case. The confidential process allows each side in a dispute to hear and assess the views of the other side. The mediator acts as a neutral facilitator in negotiations, attempting to help parties reach a desirable resolution. The parties decide whether a case settles. Mediation can take place while a case is in suit or even before any suit is filed to resolve a dispute that looks like it may otherwise end up in litigation.

Arbitration allows parties to present their positions, evidence, and arguments to a neutral third party. The arbitrator then issues a decision on the merits of the case. Most often this decision is not binding but gives the parties the opportunity to understand how an independent decision maker views their case. 

Hybrid, is a combination of these approaches. The parties present their positions and evidentiary support. A mediation is then conducted. If the matter does not settle, the neutral makes a decision as arbitrator. 

With the help of a mediator or arbitrator, parties have a better chance of reaching finality sooner and resolving their disputes in a more favorable and efficient way. Let us assist you with your alternative dispute resolution.  

To view availability and book a mediation or arbitration, please click on the "book a consult" button.

Real Estate Law was at the core of our practices long before we formed the firm. We can assist with a wide range of real estate transactions or disputes. 

We can handle real estate closings as the closing agent, and we are a licensed title agency and can issue title policies. We also assist other title agencies with their legal needs for their own real estate transactions, including drafting or reviewing documents to help ensure a smooth transaction. 

We also assist individuals with the purchase and sale of properties. From negotiations to contract to drafting documents to closing, we can explain the process and protect your interests. Proper representation in cooperation with the parties contributes to a smooth transaction and ensures that any wrinkles are ironed out before they become problems.  

We also represent clients with concerns after the closing. This sometimes means negotiation and sometimes litigation. This can include problems where construction does not go as planned, such as lien, defect or contractual disputes. 

We have represented developers, general contractors, subcontractors, businessowners, and homeowners in real estate and construction-related issues. Terry has served as general counsel for contractors. We can help you with the development of new projects if you are in the trade. 

The recent hurricanes hit our communities hard. If insurers are not attentive to your needs and repairs, it could be time for a consultation. We have extensive experience with insurance claims as well.

Give us a call or send us a message to see how we can help you with your real estate matter.