FN-1233854 MN-1233854 LN-1233854, Esq.
Mediator/Arbitrator
West Palm Beach, Florida
Mayans Mediation & Arbitration
Mediator/Arbitrator
Managing Member, Mayans Mediation & Arbitration, 2017 – Present; Partner, FitzGerald Mayans & Cook P.A, 1996 – 2017; Partner/Associate, Moyle Flanigan Katz FitzGerald & Sheehan P.A., 1985 – 1996; Associate, Smith & Schnacke A Legal Professional Association, 1981 – 1985.
Has been involved in general commercial litigation (excluding personal injury) since graduating law school in 1981. While experience has centered on contract disputes and business torts, has also handled cases involving partnership/shareholder disputes, probate, wills & trusts matters, employment law, eminent domain, real estate tax appeals, construction defects, trademark infringement, appeals, and healthcare (primarily disputes between doctors and practice groups). In addition, has served in volunteer leadership positions with community and governmental entities, including the American Red Cross (chapter chairman for one of the nation's 30 largest chapters); the largest festival/arts event in Florida (executive committee member and legal counsel); a county-wide chamber of commerce (board member and ethics task force chair); a city planning board (chair); a city zoning board (vice chair); five city committees (all mayoral appointments with commission approval); and a neighborhood association (president).
Has been engaged in an active mediation practice since 1995. The majority of mediations handled has been in the federal and state courts, but has also mediated pre-suit disputes, arbitration cases, appeals, and matters referred by the American Health Lawyers Association and the Florida Department of Financial Services.
Handled employment cases, construction cases, contract disputes, commercial matters of all types, corporate derivative claims, real estate disputes, eminent domain cases, probate disputes (three of which involved estates worth in excess of $100 million), and cases involving municipalities, governmental entities, and state agencies.
To engage fully in the settlement process, to discuss candidly the disputed issues, to explore creatively new settlement possibilities; to evaluate dispassionately the available choices, and to advocate strongly for the benefits of a negotiated resolution.
Duke University (JD-1981); Vanderbilt University (BA, English/Business Administration, magna cum laude-1978).
Admitted to the Bar: Florida (1985), Ohio (inactive-1981).
Palm Beach County Bar Association (ADR Committee, Past Chair); International Mediation Institute (IMI) Certified Mediator; Florida Academy of Professional Mediators (Diplomate); National Academy of Distinguished Neutrals.
"Memorializing the Mediation Agreement," PALM BEACH COUNTY BAR ASSOCIATION BULLETIN, September, 2016; "Settlement Authority in Mediation," PALM BEACH COUNTY BAR ASSOCIATION, October 2014; "Mediation Strategies for Cases That Cannot Be Settled," PALM BEACH COUNTY BAR BULLETIN, October 2010; "Five Practical Tips for a Successful Mediation," PALM BEACH COUNTY BAR BULLETIN, June, 2007; "Corporate Clients and ADR," PALM BEACH BAR ASSOCIATION BULLETIN, September 1995; "Mediation Is One Alternative to Our 'So, Sue Me' Society," PALM BEACH POST, May 22, 1995; "Housing Dispute? Try Mediation Instead of Courtroom," PALM BEACH POST, April 7, 1995; "Alternative Dispute Resolution...Part of the Solution," PALM BEACH BAR ASSOCIATION BULLETIN, October 1994.
$375 Per Hour
English
United States of America
West Palm Beach, FL
The AAA’s Rules provide the AAA with the authority to administer a mediation including, mediator appointment, general oversight and billing. Accordingly, mediations that proceed without AAA administration are not considered AAA mediations, even when the parties select an mediator who is on the AAA’s Roster.
The information contained in this resume has been supplied solely by the individual mediator and may, or may not, be a complete recitation of their experience. The AAA assumes no responsibility for the content, completeness, accuracy, or reliability of the information contained in a mediator’s resume. If you have any questions about a mediator’s experience or background, you are encouraged to contact your case manager.
Mediators on the AAA Roster are not employees or agents of the AAA.
The information contained in this resume has been supplied solely by the individual mediator and may, or may not, be a complete recitation of their experience. The AAA assumes no responsibility for the content, completeness, accuracy, or reliability of the information contained in a mediator’s resume. If you have any questions about a mediator’s experience or background, you are encouraged to contact your case manager.
Mediators on the AAA Roster are not employees or agents of the AAA.
