FN-2702993 MN-2702993 LN-2702993, Esq.
Attorney, Arbitrator, Mediator
Stuart, Florida
W. Jay Hunston, Jr., P.A. - Principal
Attorney, Arbitrator, Mediator
Principal, W. Jay Hunston, Jr., P.A., 2005-Present; Litigation Partner, Boose, Casey, Ciklin, et al., 1995-2005; Litigation Partner, DeSantis, Gaskill & Hunston, 1980-1995; Litigation Partner, Hunston, Hunston & Hunston, 1976-1980.
Twenty-five years trial experience (1976 - 2001) in complex, multi-party civil disputes, including jury trials, non-jury trials, and arbitrations. Representation of owners, professionals, contractors, sub-contractors, materialmen, and governmental agencies in construction-related disputes ranging from single family residential construction to multi-million dollar construction defect disputes in residential, commercial and high-rise developments. Representation of governmental agencies and private parties in underground construction contract disputes, including utility and wastewater treatment facilities. Over 30 years alternative dispute resolution experience as a third party neutral (1990 - Present), with over 19 years (2001 - Present) experience as a full-time dispute resolution professional in the areas of mediation, arbitration, special master and third-party neutral evaluation proceedings in commercial and construction disputes. Florida Bar Board Certified Civil Trial Lawyer (1983 - 2003). Member, Fla. Supreme Court's ADR Rules & Policy Committee (2016 - Present).
Mediated thousands of disputes, including complex, multi-party construction defects disputes, single family residential construction contract disputes ranging from hundreds of thousands to millions of dollars at issue, condominium association disputes and commercial contract disputes. Experience in mediating a wide range of disputes, including business associations, real estate, probate, employment, condemnation, and commercial. Mediations have involved anywhere between two to more than 25 represented interests. Twenty-five years trial experience (1976 - 2001) in complex, multi-party civil disputes, including jury trials, non-jury trials, mediations and arbitrations. Representation of owners, professionals, contractors, sub-contractors, materialmen, and governmental agencies in construction-related disputes ranging from single family residential construction to multi-million dollar construction defect disputes in residential, commercial and high-rise developments. Representation of governmental agencies and private parties in underground construction contract disputes, including utility and wastewater treatment facilities. Over 30 years alternative dispute resolution experience as a third party neutral (1991 - Present), with over twenty years (2001 - Present) experience as a full-time dispute resolution professional in the areas of mediation, arbitration, special master and third-party neutral evaluation proceedings in commercial and construction disputes. Over 3500 cases mediated.
Over three thousand mediations to date have involved issues of liability/causation, damages, allocation of damages, insurance coverage and exclusions, contract interpretation, negligence, comparative negligence, design, implementation, maintenance, indemnity, contribution, pass through liability, scope of work, limitations of liability, delay damages, critical path analyses, and expert analyses. Incident issues have included hurricane-related claims, building failures, post and pre-stressed concrete failures, gravity and force main utility leaks and failures, fire-related claims, and other single impact incidents.
Positive, creative results are critical. When the dispute resolution professional truly believes in the process and the results that can be achieved through proper utilization of the process, there is no limit to the creative solutions which can be designed by parties to a dispute. The imposition of an outcome by a third party judge, arbitrator or jury sometimes produces an outcome from which disputing parties cannot move forward and beyond their differences. In many instances the third party's decision actually further divides the parties and results in additional litigation or appeals that consume the parties for years and, occasionally, decades. Ideally, parties come to the mediation process with an optimistic and open-minded approach. In many instances, however, parties and even their counsel may have very negative and narrow-minded approaches to mediation. Testing the perceived realities of the parties and their representatives becomes paramount. Bullying, preaching, intimidating or brow-beating parties by a mediator is counter-productive and causes a shut down in the process. A mediator's willingness to listen and then engage in participatory analysis of the parties' respective positions and potential outcomes of the case if no resolution is achieved encourages an open and realistic assessment of settlement options available to disputing parties.
Over 10 years experience with zoom.us. Proficient in hosting multi-party zoom mediations and arbitrations. Paperless practice since 2015.
Stetson University College of Law (JD-1976); Denison University (BA-1971).
Admitted to the Bar: Ohio, 1976 (Inactive), Florida, 1979, Montana, 2001.
The Florida Bar; Montana State Bar Association; American Bar Association; Palm Beach County Bar Association; Martin County Bar Association; Indian River County Bar Association; Association for Conflict Resolution; Florida Academy of Professional Mediators.
Moderator of the Palm Beach County Bar Association's annual full day seminar on ADR from 2005 - 2012. Annual lecturer on ethics issues involved in arbitration and mediation proceedings at those seminars, as well as seminars sponsored by the South County Bar Association of Palm Beach County and A.R.C. Mediation. Presenter at the 2017 Annual Seminar of the ADR Section of The Montana Bar.
19th, 15th and 17th Judicial Circuits, Florida.
$500 Per Hour
English
United States of America
Stuart, 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.
