“In the middle of difficulty lies opportunity.” Albert Einstein.
Rochen Mediation is a full-service alternative dispute resolution firm serving Florida state-wide. In addition to holding in-person mediations and arbitrations at our offices, we frequently accommodate our clients’ needs by holding in-person mediations and arbitrations at suitable alternative locations throughout the state. We also routinely conduct virtual mediations and arbitrations via videoconference.
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 a dispute between three individuals over the rights to a parcel of land. After months of fighting, the individuals agree to engage in mediation, where it is revealed that one of them wants to live on the land, another wants to harvest the natural resources from the land, and the third wants the profit from the sale of the land. In such situation, it is possible for all three individuals 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 and empathetic interaction, 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, as well as a Supreme Court qualified arbitrator. 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 former law firm, Mr. Rochen focused his personal practice on litigating various types of cases arising out of general tort liability, commercial liability, transportation liability, professional liability, government liability, business disputes, contract disputes, property damage, and real estate transactions. He also routinely litigated high-exposure matters involving catastrophic losses, including cases involving wrongful death, brain injuries, and spinal cord injuries. Mr. Rochen has significant experience handling cases 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, 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.
Professional Certifications & Licenses
Minimum Payment Policy: There is a two (2.0) hour minimum for alternative dispute resolution (“ADR”) sessions scheduled for a half-day and a five (5.0) hour minimum for ADR sessions scheduled for a full-day, which will be billed at the hourly rate set-forth in the Engagement Letter provided to you by our office. The hourly rate may vary depending on the circumstances involved in a particular matter, so please contact our office for specifics. All time following the first two (2.0) or five (5.0) hours of an ADR session (depending on whether the session is scheduled for a half-day or full-day) will be charged in half-hour increments, rounded-up to each succeeding half-hour, and the attorneys for the parties will be billed for their respective portions of such additional fees subsequent to the ADR session in accordance with the terms of the Engagement Letter, unless expressly agreed-to otherwise.
Payment Policy: Final payments are due within fifteen (15) days of the ADR session. A 5% late fee (5% of the invoice) will be applied to invoices for which payment has not been received by Rochen Mediation within thirty (30) days of the ADR session. A 10% late fee (10% of the invoice) will be applied to invoices for which payment has not been received by Rochen Mediation within forty-five (45) days of the ADR session. A 15% late fee (15% of the invoice) will be applied to invoices for which payment has not been received by Rochen Mediation within sixty (60) days of the ADR session. A 20% late fee (20% of the invoice) will be applied to invoices for which payment has not been received by Rochen Mediation within seventy-five (75) days of the ADR session. A 25% late fee (25% of the invoice) will be applied to invoices for which payment has not been received by Rochen Mediation within ninety (90) days of the ADR session, and the late fee will continue to increase by 5% of the total invoice for each day following the initial ninety (90) days until the full payment is received by Rochen Mediation. Failure to submit payment within ninety (90) days of the ADR session may also result in the pursuit of formal legal action. Should Rochen Mediation be forced to pursue legal action to recover fees associated with the ADR session, the jurisdiction for such action will be Palm Beach County, Florida, and Rochen Mediation will have the right to recover reasonable attorneys’ fees and costs associated with pursuing any such action, which will be charged at the hourly rate reflected in the Engagement Letter sent by Rochen Mediation to respective counsel when the ADR session was scheduled. Alternatively, in accordance with the express terms of the Engagement Letter, Rochen Mediation will have the right and option to raise the non-payment issue directly with the Court in the case that is the subject of the ADR session and will have the right to recover reasonable attorneys’ fees and costs associated with same, which will be charged at the hourly rate reflected in the Engagement Letter. Rochen Mediation is a neutral and shares no relationship with any of the parties to any ADR session; accordingly, counsel for the respective parties to an ADR session administered by Rochen Mediation are responsible for ensuring that the fees associated with their portion of the ADR session are paid promptly in accordance with this Payment Policy.
Cancellation Policy: There will be a cancellation fee equal to two (2.0) hours of the mediator’s hourly rate reflected in the Engagement Letter for a half-day ADR session that is rescheduled or cancelled (for whatever reason) within ten (10) full calendar days of the scheduled ADR session. There will be a cancellation fee equal to five (5.0) hours of the mediator’s hourly rate reflected in the Engagement Letter for a full-day ADR session that is rescheduled or cancelled (for whatever reason) within ten (10) full calendar days of the scheduled ADR session.
Travel Time / Travel Expense Policy: For ADR sessions that require the mediator to travel, any fees and/or expenses associated with such travel will be determined in consultation with the parties and/or their attorneys prior to the commencement of the ADR session.