“In the middle of difficulty lies opportunity.” Albert Einstein.
Rochen Mediation is a full-service alternative dispute resolution firm servicing southeast Florida, with offices in Miami-Dade, Broward and Palm Beach Counties. In addition to holding ADR sessions in our offices, we routinely accommodate our clients by scheduling ADR sessions at suitable alternative locations of their choosing.
In contrast to traditional dispute resolution practices, our approach to ADR involves a collaborative effort dedicated to helping opposing parties identify and focus on respective interests rather than clouded partisan positions. When there is conflict, defenses naturally become elevated, often-times resulting in position overshadowing interest. At Rochen Mediation, we provide a safe and supportive environment, which allows us to assist the parties with breaking down their defenses and revealing their true interests. We utilize a directed approach to gather information through empathetic interaction, and focus on educating the parties in relation to the various perspectives, motivations and concerns driving the conflict from all sides. We do not simply move from room-to-room communicating offers; rather, we spend time with each party exploring the facts, potential legal issues affecting their position, and the risks associated with proceeding to trial as opposed to self-determination. Although impartiality is an integral part of the process, we work hard to ensure that the parties gain a solid understanding of the cost/benefit analysis associated with their case.
Consider a scenario involving three adult siblings fighting over the rights to a parcel of land left to them by their parents. After months of fighting, the siblings agree to engage in mediation. At the mediation, it is determined that the first sibling wants to live on the land, the second sibling wants to harvest the natural resources from the land, and the third sibling wants the profit from the sale of the land. In such situation, it is possible for all three siblings to have their interests met. Revealing respective interests in a conflict is a primary focus at Rochen Mediation.
Of course, we understand that it is not always possible to satisfy all interests involved in a dispute. In such circumstance, we employ an artful and in-depth approach focused on helping the parties find common ground and reach an amicable compromise. Through patience, persistence and diligence, creative resolution alternatives are possible.
We encourage attorneys to direct their clients to our website prior to mediation, which will help them to understand the ADR process and what to expect. We are also happy to answer any questions a particular client may have prior to mediation.
Andrew J. Rochen is a Supreme Court certified circuit, county, family, and appellate court mediator. Prior to opening Rochen Mediation, Mr. Rochen was a shareholder in a large state-wide Florida law firm, where he was engaged in an extensive state and federal civil litigation and trial practice. In addition to chairing the litigation division of his prior law firm, Mr. Rochen focused his personal practice on litigating various types of claims arising out of tort liability, transportation liability, corporate liability, professional liability, government liability and property damage. He also routinely litigated high-exposure matters involving catastrophic loss, including claims involving wrongful death, brain injuries and spinal cord injuries. Mr. Rochen has litigated several hundred claims throughout his career, from pre-suit through trial, and has trial experience at both the state and federal levels. He has served as counsel for both plaintiffs and defendants, and has had the benefit of direct interaction with dozens of insurance companies during the course of his career, thus providing him a unique understanding as to how the insurance industry and respective insurance carriers view the litigation and settlement processes. He is intimately familiar with the emotional, psychological, and financial costs associated with prolonged litigation, and understands the advantages of resolving a legal dispute in the conference room rather than the courtroom. Mr. Rochen’s overall experience affords him a unique perspective into the mediation process.
In addition to working as a mediator / arbitrator, Mr. Rochen remains actively involved in the Florida legal community, spending much of his time offering lectures to respective legal professionals regarding the myriad of issues that arise out of Florida litigation.