
ADR Experience
My early dispute resolution experience evolved as a commercial and civil trial attorney, including certification as a Civil Trial Lawyer from 1983 to 2003 and as a Business Litigation Attorney from 1996 to 2001.
After earning certification as a Florida Circuit Civil Mediator in 1991 and as a Florida Family Mediator in 1998, my interest and emphasis shifted to the role of mediation, arbitration, and other third party neutral services, rather than advocacy. After becoming qualified as a Florida Arbitrator in 2000, I became a full-time dispute resolution professional in 2001, working in the areas of mediation, arbitration and special master services. Subsequently, I earned certification as a Florida Appellate Mediator in 2012 and was accepted as a Member of the AAA Roster of Neutrals, Commercial & Construction Panels of Mediators and Arbitrators in 2013.
As has been the case throughout my civil trial practice, my mediation, arbitration and neutral work usually involves complex, multi-party disputes encompassing a wide and diverse range of legal issues and subject areas.
Mediation/Facilitation Style
When a mediator or facilitator truly believes in the process and the results that can be achieved, there is no limit to the creative solutions that can be designed by parties in a dispute. The imposition of an outcome by a judge or jury, oftentimes produces results from which disputing parties cannot move forward or beyond their differences. In many instances, the decision actually further divides the parties and results in further litigation or appeals.
Arbitration Style
As a trial attorney I was always frustrated when an arbitrator/arbitration panel would listen to days of testimony, review mounds of documentary evidence, receive expert reports, request detailed summaries and proposed language for awards from the attorneys, and then enter a “split the baby” type award.
As an arbitrator, I am not afraid to follow the evidence and law to whatever result is just and fair under all of the circumstances and authorities. Compromise awards, although intended to placate the parties, are rarely, justified by the facts and law.
An arbitrator owes it to the parties and their attorneys to enter a reasoned award that concisely decides all contested issues, without favoritism to any party or desire to please everyone in hopes of obtaining future arbitration business.
Summary of Legal Qualifications
- 1979 Florida, Admitted to Practice in all State Courts
- 2001 Montana, Admitted to Practice in all State Courts
- 1983 - 2003 Florida Bar Board Certified Civil Trial Lawyer
- 1976 Ohio (Currently Registered “Inactive”)
Summary of ADR Qualifications
- 1991 Florida Certified Circuit Civil Mediator
- 1998 Florida Certified Family Mediator
- 2000 Qualified Florida Arbitrator
- 2012 Florida Certified Appellate Mediator
Education
- 1971 B. A., Denison University Granville, OH
- 1976 J. D., Stetson Univ. College of Law Gulfport, FL
Professional Experience
- 1976 - 1979 Hunston, Hunston & Hunston Salem, OH, Litigation Partner
- 1980 - 1995 DeSantis, Gaskill & Hunston, North Palm Beach, FL, Litigation Partner
- 1996 - 2000 Boose Casey Ciklin, et al. West Palm Beach, FL, Litigation Partner
- 2001 - 2005 Boose Casey Ciklin, et al. West Palm Beach, FL, Of Counsel (Full Time Dispute Resolution)
- 2005 - Present W. Jay Hunston, Jr., P.A. Stuart, FL, Principal
- Mediation Services (Civil, Appellate & Family)
- Dispute Resolution Services
- Special Master Services
- Arbitration Services
Professional Memberships
- Association for Conflict Resolution. Practitioner Member.
- Palm Beach County Bar Association, ADR Committee. Member.
- American Bar Association, Section of Dispute Resolution. Member
- Florida Academy Professional Mediators, Diplomate Member
- Montana State Bar Association. Member.
- Montana Mediation Association. Certified Mediator.
- Martin County Bar Association. Member
Areas Of Expertise
- Business/Commercial
- Construction
- Construction Defect
- Engineering and Construction
- Estate/Probate/Trusts
- Governmental/Public Agency
- Professional Liability
- Real Property
- General Mediation
Special Designation
- N/A
Areas Of Certification
- Circuit Civil
- Family Law
- Appellate