Mediation & ADR

Our firm offers effective and collaborative pathways to resolve legal conflicts outside the courtroom. With a focus on open dialogue, empathy, and innovative problem-solving, we guide clients toward efficient resolutions, preserving relationships and minimizing the stress of prolonged litigation.

Global Settlement Conferences, Mediation & Arbitration Services

Arbitration

A wooden table with two scales on top of it.

As a form of alternative dispute resolution (ADR), arbitration provides a private and impartial forum for resolving conflicts efficiently and cost-effectively. Whether it's commercial disputes, personal injury cases, or insurance claims, our binding or non-binding arbitration services provide practical solutions.

Aviation & Air Disasters

A large jetliner flying through the air with its wheels down.

With over 30 years of experience, Montoya Law, P.A. mediates complex aviation cases, from international air disasters to single-engine crashes. We’re well-versed in the Montreal Convention, DOHSA, GARA, and FAA/DOT regulations. Our work includes cases involving maintenance failures, pilot error, and defective aircraft components.

Commercial Disputes

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We mediate a broad range of business conflicts, including contract breaches, partnership disagreements, and vendor disputes. Our focus is on resolving matters efficiently and discreetly, helping parties avoid costly litigation while preserving ongoing business relationships and protecting commercial interests.

Construction Litigation

Florida construction cases often involve complex issues like subcontractor liability, statutory employer defenses, and indemnity disputes. We offer focused mediation services on injury claims, contract disputes, or defect cases. We help parties reach efficient, strategic resolutions that protect client interests and reduce litigation risk.

Insurance Claims

Two people standing on the beach under an umbrella.

We mediate complex insurance disputes involving coverage interpretation, reservation of rights, timely tender, and claims handling practices. We also offer sessions in bad faith actions and disputes with excess exposure. Our experience includes reinsurance matters—domestic and international—particularly in catastrophic loss scenarios.

Mass Tort & Class Actions

Montoya Law, P.A. is your go-to for mass tort and class action mediation services. With our understanding of the complexities involved in these disputes, which often involve numerous plaintiffs and multiple parties, we have the skills necessary to facilitate negotiations and help reach a resolution.

Personal Injury

We understand the unique challenges of mediating personal injury cases—where liability, causation, and damages are contested, and emotions run high. With trial experience as our foundation, we help parties unpack complex issues, manage expectations, and move toward resolution with clarity and balance.

Product Liability

At Montoya Law, P.A., we mediate complex product liability disputes involving design defects, manufacturing flaws, and failure-to-warn claims. With experience in major automotive defect and tire failure cases, we bring practical insight and technical understanding to help parties resolve high-stakes claims efficiently.

Toxic Torts

Mediation of exposure-related injury claims involving hazardous substances such as asbestos, mold, lead, pesticides, or industrial chemicals. These cases often involve complex causation issues, scientific evidence, and multiple parties across jurisdictions.

Trucking Accidents

Trucking and commercial vehicle cases involve a web of legal, regulatory, and factual challenges. We mediate disputes arising from catastrophic collisions, driver negligence, equipment failure, and maintenance violations. Issues of vicarious liability, broker/carrier relationships, FMCSA compliance, and multi-layered insurance coverage—including excess and umbrella policies.

Wrongful Death

We mediate fatal injury claims arising from negligence in areas such as motor vehicle accidents, medical malpractice, product defects, and premises liability. These cases carry emotional and financial complexity, often involving multiple parties and contested damages. Our approach balances sensitivity with clarity—helping families and insurers navigate difficult conversations and reach resolution with dignity and care.

Utility-Related Injuries

We mediate serious injury cases involving power line contact, gas explosions, and infrastructure failures. These disputes often involve public entities, contractors, indemnity issues, and complex insurance coverage. Our approach helps parties navigate technical facts and layered liability to reach efficient, informed resolutions.

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Global Settlement Conferences, Mediation & Arbitration FAQs

What is the Difference Between Global Settlement Conferences, Mediation and Arbitration?

Global settlement conferences and mediation are collaborative processes to achieve a mutually acceptable agreement, while binding and non-binding arbitration are formal processes to decide a dispute.

All three forms of alternative dispute resolution (ADR) are faster, less expensive, and less adversarial than going to court. Global settlement conferences and mediation allow parties more control over the outcome, reaching a tailored solution based on their needs and interests. On the other hand, arbitration grants decision-making power to a neutral third party such as an arbitrator.

What are Global Settlement Conferences?

Global settlement conferences are meetings held before a lawsuit begins to attempt to resolve all or part of a dispute. Parties, with their legal representatives, negotiate with the help of a neutral facilitator to reach a comprehensive settlement agreement. These conferences aim to save time and money by resolving conflicts early without going to court.

What is a Mediator, and What Does a Mediator Do?

A mediator is a neutral third party who assists disputing parties in reaching an agreement. They facilitate communication, help identify common ground, and aid in negotiating a mutually acceptable resolution.

What Happens During a Mediation Session?

During a mediation session, the mediator meets with the parties to discuss the issues, facilitate communication, and assist in negotiation. The mediator may offer suggestions or provide information, but they do not make decisions for the parties. The goal is to help parties reach a mutually acceptable resolution.

What Are the Qualifications of a Mediator or Arbitrator?

Qualifications vary based on jurisdiction and the type of dispute. However, most mediators and arbitrators have training in conflict resolution and negotiation, with some specializing in specific areas of law or practice.

Edward Montoya holds the following certifications:

Certified Federal Mediator, U.S. District Court, Middle District of Florida
Florida Supreme Court Certified Mediator, Circuit Civil

Florida Supreme Court certification ensures that mediators meet high standards of professionalism and ethical conduct. Certification is granted based on criteria such as education, training, experience, and performance, ensuring mediators possess the necessary skills to facilitate constructive dialogue.

What is Non-Binding Arbitration?

In non-binding arbitration, the arbitrator acts as a neutral evaluator, making a recommendation for resolution. Parties are free to accept or reject the recommendation, and may choose to pursue other forms of dispute resolution if they do not agree.

What is Binding Arbitration?

Binding arbitration involves a neutral third-party arbitrator who hears a dispute and makes a final decision based on presented evidence and arguments. The decision is legally enforceable if necessary.

Is the Information Discussed During a Global Settlement Conference, Mediation or Arbitration Kept Confidential?

Global settlement conferences maintain certain confidentiality standards since they are pre-suit processes. However, agreements drafted memorializing an agreement might not have confidentiality protections, especially when a party fails to meet its obligation under the agreement.

In contrast, mediation is normally held during the pendency of a court-filed case. The confidential nature of communication with a mediator is protected under Florida Statutes 44.401-44.406, also known as the Mediation Confidentiality and Privilege Act. Most communications are kept confidential except where disclosure is required or permitted by law. Maintaining confidentiality encourages open dialogue and allows the parties to reach agreements more efficiently.

Arbitration is a private process governed by Florida Statute 44.103(a). The parties can agree to keep the record confidential, making any information presented by the parties during a hearing private. However, the parties do hear each other's arguments during the process.

What Software or Video Platforms Do You Use for Mediation or Arbitration?

We provide online and in-person global settlement conferences, mediation, and arbitration services. Our preferred online platforms include Zoom, Microsoft Teams, and WebEx.

What Are Your Professional Fees for Mediation or Arbitration?

We offer flat fees for full-day, half-day, and multi-day global settlement conferences, mediation, or arbitration in most cases. Hourly rates may be available in certain circumstances. Mass Tort and Class Action cases have separate fee schedules. Please contact us at (305) 445-9292 or [email protected] to learn more about our fee options.