Mr. Osherow is a Florida Supreme Court Certified Circuit Civil Mediator since 2006. He is Florida Bar Board Certified in Business Litigation. His mediation style is designed to help parties recognize the strengths and weaknesses of their respective positions and to achieve results that bring parties together to fairly and reasonably conclude their matters without the expenditure, stress and time that uncertainty through litigation and trial brings to the process.
Arbitration is an adjudicative process in which an experienced third-party neutral (or panel of neutrals) serves to resolve disputes through an orderly hearing and award process without judicial intervention. Unlike mediation, where the parties exercise their own self-determination of the outcome, in arbitration, the arbitrator or arbitration panel determines the ultimate outcome of the case, usually by a written determination or decision which may or may not contain the factual and legal basis for the decision. Attorney’s fee awards may or may not be determined by the arbitrator, depending on the agreement between the parties. There is no further review or appeal of the arbitration decision, except under very narrow circumstances that do not apply in the vast majority of arbitration proceedings.
Done properly, arbitration can be a cost-effective, expedient and efficient means of resolving complex commercial disputes. Depending on the circumstances, arbitration can also be quite costly, so the process should be considered carefully before including an arbitration provision in an agreement and deciding to proceed with arbitration rather than another form of dispute resolution. Of course, depending on the circumstances the parties may be bound by an arbitration agreement or may insist on compliance with the agreement’s terms.
Mr. Osherow, who is an experienced trial lawyer, provides arbitration services, on a set fee and hourly basis. He will agree to sit as a member of an arbitration panel of multiple arbitrators in an appropriate case. Mr. Osherow’s experience as a commercial litigator has provide him with a working knowledge of a variety of commercial issues which are often the subject of contractual arbitration processes – employment, professional liability, franchise and construction, to name a few.
Having Mr. Osherow serve as arbitrator may be considered as an alternative to the national ADR providers who have been criticized for exorbitant expenses such as registration fees determined by the amount in controversy, sometimes payable by both claimant and counter-claimant; administrative costs, which are the fees charged by the institution to run and manage the case by reference to a formula. We do not include such charges. We do not charge for use of our facilities, under most circumstances.
We offer streamlined arbitration processes, arbitration via electronic means, and other alternatives to formal arbitrations such as submission of the claims and defenses with appropriate evidentiary support (with or without presentations or conferences), for ruling. Mr. Osherow has given presentations on the arbitration process and arbitration clauses and litigated many cases through his long career involving complex arbitration issues.
eDiscovery Special Master and Related Services
An eDiscovery Special Master offers experience in technology, software, IT security, digital forensics and eDiscovery. When a Special Master is brought in early in the discovery process they can often help resolve issues reducing burdens on the Court. The Special Master can also provide technical assist to the court and parties when issues arise late in a case.
Therefore, judges are increasingly appointing eDiscovery Special Masters to help address the technical issues related to ESI and discovery. Because each case presents unique issues, an eDiscovery Special Master can assist the court in effectively resolving technical issues that can often bog a case down
Mr. Osherow has extensive experience in eDiscovery and has worked extensively in the drafting eDiscovery protocols and has provided iinformative presentations on eDiscovery to local bar association members.
Private trials are authorized under Florida Statutes section 44.104. We provide these services in appropriate matters.
REDUCED DELAYS MEANS LESS COSTS AND TIME
Congestion throughout our judicial system is quite an incentive to select a private trial in an appropriate matter. Delays in obtaining court time for lengthy hearings and trials. is almost always a consideration. This situation confronts every trial attorney and their clients with the risk of losing witnesses, incurring additional investigative costs, and consoling clients unhappy with the delay in achieving just resolution of their claims as quickly as possible. While the courts and judges for the most part do their best to work extremely diligently to move matters forward, delays remain a factor to consider.
Florida Statutes Section 44.104 enables litigators and clients the opportunity to utilize the skills of both practicing attorneys and retired Judges. Except for the few limitations set forth in F.S. 44.104(14), the private trial procedure is virtually unlimited in scope. The designated private judge has almost all the powers of a judge and the final judgment is fully enforceable.
In a private hearing or trial the private trial adjudicator (judge) is more generally available to the parties, making the private trial facilitative of dealing with issues expeditiously. The parties are thus able to focus on reaching a final resolution. Swift resolution may reduce the cost of the litigation (even with the fees of the private trial judge) , resulting in savings which may outweigh the expense of retaining a private judge. Utilization of our private judge/adjudicator services can help the parties streamline the proceeding, narrow the issues more effectively, bring the issues to the forefront in a cost effective manner, and assist the parties to resolve the matter quickly, by addressing issues,, including those that may be determinative of the entire matter, as they arise or can be heard. Private judging can also help the parities achieve greater privacy, reduces the chance of losing witnesses, and incurring unnecessary fees for expert witnesses. All services and proceedings can be conducted virtually via Zoom or Microsoft Teams.
Areas Of Expertise
- Business Litigation
- Restrictive Covenants and Trade Secrets
- Construction and Real Estate Litigation
- Special Master (including E-Discovery)
Areas Of Certification
- Circuit Civil