Terms and Conditions

Terms and Conditions:

Effective August 14, 2023.

1. Terms and Conditions for Mediation Services

Thank you considering Joshua Spector or Law Offices of Joshua Spector, P.A. as a potential neutral for your matter. 

Rates. Unless stated otherwise in writing, we charge an hourly rate of $450/hour for services (both preparation and for the mediation conference). There is no charge for travel time within Miami-Dade County, Florida. Unless agreed to by all parties otherwise, we split fees evenly among groupings of parties, jointly and severally. For example, if a case presents one plaintiff and two defendants, half of the mediation costs would be invoiced to the plaintiff, and the other half of total costs to the two defendants, jointly and severally.

No Cancellation Fee. We do not charge a fee if you cancel a mediation conference. Any fees incurred to the point of written notice of cancellation, however, will be charged and collected.

No Minimum Fee. We do not charge a minimum fee.

Americans With Disabilities Act. In accordance with the Americans With Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this proceeding because of that disability should contact the above mediator’s office at least 5 business days prior to the Mediation Conference.

NOTICE OF LAWYER SERVING AS THIRD-PARTY NEUTRAL RULE 4-2.4, RULES REGULATING THE FLORIDA BAR

This notice and disclosure informs all parties that mediator Joshua Spector is an attorney who will NOT represent any party and/or witness to any scheduled mediation. Mr. Spector will only serve as a third-party neutral who will only act as a mediator and not as legal counsel.

Important differences exist between an attorney’s role as a third-party neutral and an attorney’s role as a client representative. An attorney who represents a party or witness is an advocate for that person and whose communications are privileged unless waived by the client. In contradistinction, Mr. Spector would serve as a third-party neutral mediator, and NOT as an advocate for any party or witness so no communications with him are attorney/privileged, though mediation confidentiality might apply.

Remote Mediation. The parties and their counsel are responsible for ascertaining whether remote or virtual mediation complies with applicable orders, rules, or policies of the applicable court, contract, or ADR organization.

The parties and their desired representatives are invited to attend a mediation session. This mediation session will take place via video-conference (Zoom terms of service available at https://explore.zoom.us/en/terms/) (Microsoft Teams terms of service available at Microsoft Teams (free) Online Subscription Agreement - Microsoft Support). The parties and counsel stipulate and agree to hold the mediator harmless from any privacy or confidentiality claims arising from or relating to the parties' use of a video-conferencing platform. The parties and counsel agree that their participation in a virtual mediation constitutes a stipulation to the mediator that the parties and their counsel have directly agreed to the applicable terms of use of any video-conferencing service, and that they are not the sublicensees of the mediator with regard to such a service. By appearing at a virtual mediation, the parties and their counsel assume the risks of breach of confidentiality and privacy by a third party or service provider. No one else may attend or appear by video or phone without the permission of the parties and the consent of the mediator. All participants shall confirm that they are alone in the room and cannot be overheard by anyone else. No participant shall video record or audio record any part of the mediation session. All participants agree that they will only use a secure WiFi or Ethernet connection for all conduct related to the mediation session.

During the session, the mediator may have joint and separate meetings with the parties and their counsel. If a party informs the mediator that information is being conveyed to the mediator in confidence, the mediator will not disclose the information. If, for any reason, a participant hears a communication not intended for him or her, that participant must immediately advise the mediator. The parties agree that the mediator is not acting as an attorney or providing legal advice on behalf of any party.

If a party wishes to terminate its participation for any reason, it may do so by giving notice to the mediator and the other parties. The parties will continue to be bound by the confidentiality provisions of this agreement and by their agreement to pay for those services rendered up to the point of that party’s withdrawal.

Confidentiality. In order to promote communication among the parties, counsel and the mediator and to facilitate settlement of the dispute, mediation conference participants agree that the entire mediation process, including all discussions during the video-conference and in any medium, is confidential as per applicable law. All statements made during the course of the mediation are confidential settlement discussions, and are made without prejudice to any party’s legal position, and are inadmissible for any purpose in any legal proceeding. Offers, promises, conduct and statements (a) will not be disclosed to third parties except persons associated with the participants in the process, and (b) are privileged and inadmissible for any purposes, including impeachment, under Rule 408 of the Federal Rules of Evidence and any applicable federal or state statute, rule or common law provisions. It is counsel's obligation to advise parties on the law regarding confidentiality.

Notices. Absent written request by the parties, it shall be the obligation of the parties to file notices of selection of mediator and notices of mediation. We will file a notice of mediation if requested by the parties.

2. Terms and Conditions for Use of this Website

Your use of this website does not give rise to an attorney/client relationship with Law Offices of Joshua Spector, P.A.; Rossi, P.C.; or Joshua Spector, Esq. Nothing herein is, nor shall it be construed to be, legal advice upon which you may rely. 

Communications by E-Mail and Other Means. E-mail may not be confidential. Although we would be pleased to communicate with you by e-mail, do not send us confidential or otherwise private information until you speak with us and get authorization to send that information to us. Please be aware that if you communicate with us by e-mail or otherwise in connection with a matter for which we have not been engaged as a mediator, your communication may not be treated as privileged or confidential.

Although most communications with a mediator are confidential, there are exceptions to that confidentiality. Consult competent legal counsel for further guidance. 

Communications by e-mail are subject to interception or leak. We can provide alternative means of communication or information exchange upon your request including encrypted messaging, encrypted e-mails, and otherwise. By e-mailing us, you assume the risk of a breach of confidentiality. 

External Links. This site contains links to other resources on the Internet. Those links are provided as citations and aids to help you identify and locate other Internet resources that may be of interest, and are not intended to state or imply that we are affiliated or associated with, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links.

Privacy Policy. Please view our privacy policy here.

Accessibility. This site was built with Google's Sites. We hope and believe it to be accessible and useful. But if you have encountered a problem, please reach out directly to Joshua Spector and let us so that we can improve this site. Thank you.