Welcome to Hurley Mediation Services.
Hurley Mediation Services, LLC, is an established mediation firm serving the State of Florida, specifically providing the mediation as an alternative to dispute resolution. Mediation is an alternative to the traditional method associated with our legal and judicial system for resolving conflicts whether it is a civil law or family law dispute. Our current legal system has become overly burdensome and unreasonably costly to the public. Yet, the public continues to seek justice the “old fashion way” by filing complaints, engaging in costly litigation, and seeking unreasonable expectations because of its desire to “crave the law;” believing “the law” will provide them with their desired result or adequate restitution. This attitude was enunciated over 400 years ago by Shakespeare in his play The Merchant of Venice when Shylock enunciated his famous line “I crave the law” when he was seeking his “pound of flesh” from Antonio over the collection of a debt. Of course, Shakespeare was mocking the English justice system which the American Justice System initially used as a model for its own legal system, and, unfortunately, these systems have not improved themselves. Indeed, they have only become more complicated, more stressful, and more acrimonious. However In the past twenty years or so, the mediation process has gained a reputation as a legitimate forum for resolving disputes among parties. It is an informal and non-adversarial process intended to help parties reach a mutual acceptable agreement or solution to their disputes
Rick Hurley, founder of Hurley Mediation Services, notes numerous practical advantages to mediation compared to traditional litigation procedures as a means of resolving disputes. Rick focuses on the following:
- Mediation helps to preserve a business relationship so that both parties can “save face;” there are no winners or losers and the parties can enter into an agreement that provides a creative solution that could not have been achieved with a judge, arbitrator, or expert;
- The cost and process of mediation is less than litigation. Clearly, the cost of litigation has become excessive and the waiting period to have one’s case heard in a timely manner before a judge or magistrate has become unbearable;
- During the mediation process the presentation by the attorneys and/or their clients is conducted without prejudice to either party. The proceedings are private and confidential. Everyone participating in a mediation is subject to the rules of confidentiality and either party can reveal or disclose information to the mediator in private that could help aid in a settlement;
- Finally, the attorneys, their clients and the mediator have control over the mediation; they schedule the time and place for the mediation, usually at the convenience of everyone associated with the mediation, and it is conducted in an informal manner and a comfortable setting.
Rick Hurley ended a successful trial practice in New Jersey and New York City to return to his home in the Tampa Bay area, and to start a mediation firm in the Bay area because he recognized the need for these services to the Bar Association and to the public at large. He believes that each of our lives are defined by the decisions we make each day; and recognizes how our decisions will impact our daily lives and long term well-being. We all possess the power to competently weigh the advantages and disadvantages of our decisions. A mediator can help disputing parties make their own decisions, and consequently the parties will be more likely to accept and be satisfied with the outcome of those choices. While the mediator will aid the disputing parties come to a self-determination, the disputing parties’ decisions will be a reflection of their decisions, their creativity and their awareness. Since the disputing parties understand that they must live with and take responsibility for their decisions, the parties, with the aid of the mediator, will likely exercise great care when coming to an agreement; and the agreement will be their agreement and not the decision of a judge or arbitrator.
While mediation may seem to be a fairly new method in the American Judicial system as an alternative dispute resolution, it has been recognized in China for nearly four thousand years. During the Qing Dynasty (1644-1911), mediation was a practical method of resolving disputes within their communities and it had its roots in moral and social philosophy. In 1879 India adopted a mediation process to assist businessmen in negotiating settlements of their disputes. Today, India is moving to incorporate the mediation process into their legal system. It is clear that the mediation process works; however, the attitude of our legal system and maybe even the public must change before it becomes recognized as the first course in attempting to resolve disputes between parties. As Portia states to Shylock, “though justice be the plea, consider this, that in the course of justice none of us shall see salvation, we do pray for mercy.” When disputing parties come to their own self-determination or agreement then, indeed, mercy will have prevailed.