Patrick K. McCarthy, Esq.
Florida Supreme Court Certified Circuit Court Mediator
I am a believer in the mediation process. I believe sensible resolutions for most legal disputes can be reached if the parties focus on the future and not the past, honestly assess the strengths and weaknesses of their case, and effectively communicate with one another. Rarely do parties regret reaching a settlement in mediation and wish they had incurred the additional cost and stress of continued litigation. An effective mediator can help parties overcome communication barriers so that good faith negotiation of settlement possibilities can occur. As your mediator my objective is to ensure all settlement options are exhaustively explored with the goal being to reach a settlement agreement that allows all parties to put litigation behind them.
I approach mediation from a unique perspective. Like most mediators, I am an attorney who has litigated all types of civil disputes. Unlike most mediators, however, I have spent many years starting and operating several types of businesses that from time to time became involved in legal disputes. Not only have I participated in litigation and mediation as an attorney, I have also participated in both as a party. I know from experience what it is like to be deposed, called as a witness at trial, negotiate in mediations, sit through a jury trial, carry the stress and uncertainty that goes along with litigation, and pay legal fees for months on end. Having seen litigation from various angles, I can provide parties with a unique perspective to help them best assess the risks and benefits of reaching a mediated settlement versus going to trial.
My professional background is varied which allows me to relate to parties on a different level than your typical mediator. Since graduating law school at the University of South Carolina in 1997, I’ve handled various types of civil cases in state and federal courts including: products liability and mass tort litigation; business, commercial, and contract disputes; real estate, upland boundary, and riparian boundary disputes; landlord tenant disputes; real estate financing litigation; construction litigation; and civil rights and police misconduct litigation. Additionally, I’ve served as general counsel to various companies and represented individuals in contract negotiations, business formation, business capitalization, business acquisition and sale, and intellectual property. Outside active legal practice I’ve co-founded and operated several businesses including software start-ups, real estate sales brokerages, and many real estate development companies. The bulk of these business ventures involved large scale commercial, multi-use, and multi-family real estate developments in which I led land acquisition, due diligence, regulatory approval, site and building design, financing, marketing and sales, and construction management.
I look forward to helping you and your clients find satisfactory solutions to resolve disputes.
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