Mediation and Arbitration are designed as processes for parties to find clarity and resolve legal disputes.

Parties who cannot agree on resolving a dispute may depend on Mediation or Arbitration to avoid prolonged and costly litigation. Success often depends on the experience, skill and knowledge of the Mediator/Arbitrator, who facilitates the process of settlement or resolution of the dispute. 

MEDIATIONA certified Mediator can often facilitate a meaningful negotiation process to resolve a dispute between and among parties. During a typical, private and confidential Mediation process, the independent third-party Mediator:

  • Does not make decisions or provide advice to either party
  • Does not tell you what to do or provide therapy, counseling or legal advice
  • Helps the parties overcome communication barriers to explore possible solutions 
  • Gives one party and their attorney (if present) an opportunity to discuss the dispute with the other party and their attorney (if present) together or privately 
  • Keeps the discussion on track without giving an opinion or stating if either party is right or wrong, especially when emotions run high and discussion reaches a standstill
  • Helps the parties to recognize that Mediation is a cost-effective and efficient way to resolve a dispute because, if a decision is not reached, both parties may gamble on a judge or jury’s decision
  • Guides the parties toward clarity and an acceptable, amicable and flexible solution followed by the signing of an Agreement

If the parties reach a settlement and sign a Mediation Agreement, it is enforceable. If an Agreement is not reached on some or all issues, an impasse is declared. Unlike a lawsuit, the parties have greater flexibility and control during this process. What is said in Mediation is confidential, with a few exceptions (court-ordered). Insurance companies, state and local agencies, corporations and individuals, including health and business professionals, attorneys and property managers may want to use Mediation in lieu of a lawsuit. If a decision is not reached in court-ordered Mediation, the parties go back to court and a judge or jury makes the decision for them. Pre-suit Mediation occurs without an order of the court and before suit is filed. It is extremely economical, compared to the fees and expenses of litigation.

ARBITRATION – Arbitration may be voluntary or court-ordered – it is an informal hearing resulting in a decision, that may be binding or non-binding

Arbitration is an informal hearing process agreed to by the parties that utilize a neutral third party. 

The Neutral Arbitrator:

  • Is highly skilled, fair and impartial with a laser-focus on being the decision-maker who resolves the dispute in order to avoid going to court, or proceeding further with a claim/case
  • May limit testimony to the parties only with witness evidence presented in the form of affidavits, discovery limited to produced documents or deposition
  • Advises the parties they may create their own procedure or agree to use the rules of the American Arbitration Association or other applicable rules
  • Is appointed to render a decision, whether binding or non-binding

Arbitration is often faster and less expensive than going to court. An Arbitration Agreement is valid and enforceable. If not contractual or if a contract does not require Arbitration, the parties may voluntarily agree to Arbitrate, a process known as voluntary binding Arbitration. Courts sometimes order non-binding Arbitration where Mediation has failed. We offer both binding and non-binding Arbitration, pre-suit as well as in pending litigation.

"Many of my Mediations and Arbitrations are scheduled before suit is filed and the parties are involved in litigation.  Pre-suit Mediation is generally effective and can help to expeditiously settle what would otherwise be a costly dispute that takes on a life of its own in the litigation process."

Fred Tromberg

"Mediation and Arbitration are part of the larger, effective process called Alternative Dispute Resolution (ADR) and these are effective tools to settle claims and cases avoiding the expense and uncertainty of going to trial."

Fred Tromberg

“As you read through this website, I have listed my education, training and experience and also have provided you with a calendar with respect to my availability to assist you with your claim or case.”

Fred Tromberg

“Hi, I'm Fred Tromberg, a trial attorney practicing in Jacksonville, Florida, for over 40 years.  I'm a Florida Supreme Court Certified Mediator - Civil as well as a Board Certified Civil Trial Lawyer. ”

Fred Tromberg

"I believe many, if not most, civil disputes can be resolved by Mediation without expending a great deal of time and money on litigation.  I am strongly committed to a result-oriented approach, to reach a negotiated resolution of claims, through the Mediation process."

Fred Tromberg

"Additionally, I am certified as an Arbitrator, for either binding or non-binding arbitration cases, in lieu of litigation."

Fred Tromberg

Tromberg Mediation