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Miami-Kendall Litigation and Alternative Dispute Resolution Attorneys: Protecting Your Business, Your Property, Your Assets & Your Family

Our Miami-Kendall litigation and alternative dispute resolution attorneys represent you whether you are filing a lawsuit or defending against one. We know a legal dispute can affect your peace of mind, your finances, and your family, so we treat you the way an attorney in the family would.

We represent clients throughout Florida in trials, mediations, and arbitrations, including underpaid or denied property insurance claims, probate disputes, lemon law arbitrations, divorce and custody matters, and business disputes such as non-compete agreements and protecting your company's assets.

With over 12 years of experience, our Motivated, Mindful, and Dedicated team analyzes the facts and the law in your case to pursue a favorable, cost-effective resolution, whether by negotiating a settlement or defending your position in court.

Written by: Adela Z. Marcote, Esq. | Last Updated September 2026

Can You Settle a Lawsuit Before Going to Court? Pre-Suit Negotiations for Florida Claims
Protecting Your Rights and Maximizing Recoveries Through Strategic Settlement Demand Letters

PRE- SUIT NEGOTIATIONS

Pre-suit settlement negotiations are a highly effective method for resolving complex disputes before entering the formal litigation process. From our Miami-Kendall office, our experienced pre-litigation attorneys have successfully resolved numerous insurance, family, and business disputes through aggressive early advocacy and strategic client demand letters.

The primary goal of pre-suit negotiation is to establish common ground, allowing both sides to reach a binding settlement agreement while completely avoiding the financial uncertainty and stress of a courtroom trial. This proactive legal approach not only saves critical time but also dramatically reduces out-of-pocket litigation costs, making it a highly practical, results-driven choice for many Florida clients.

Alternative Dispute Resolution (ADR): How Does Mediation Work in Florida?
Successful Out-of-Court Resolutions for Property Insurance, Family, and Business Claims

Mediation

Mediation is a form of Alternative Dispute Resolution (ADR) governed by Chapter 44 of the Florida Statutes. Under Section 44.1011, a neutral third party called a mediator helps the parties identify the issues, explore settlement options, and work toward a mutually acceptable, voluntary agreement. The mediator does not decide the case; the decision-making authority stays with the parties.

In Florida, mediation may be voluntary, before or after a lawsuit is filed; required by a contract; or ordered by a judge under Section 44.102. Under Florida's Mediation Confidentiality and Privilege Act (Sections 44.401–44.406), mediation communications are generally confidential, which allows both sides to speak openly.

Our team represents clients in property insurance, family law, and civil mediations. Whether you are disputing a denied insurance claim, going through a divorce, or resolving a probate dispute, we prepare you for mediation and advocate for your interests, with the goal of reaching a fair resolution outside the courtroom while keeping legal costs under control.

What Happens If My Case Goes to Arbitration? A Guide to Florida ADR
Forcing Definitive Legal Resolutions and Maximizing Your Recovery Without a Jury Trial

Arbitration

Arbitration is a form of Alternative Dispute Resolution (ADR) in which a neutral third party, called an arbitrator (or a panel of arbitrators), acts much like a private judge. Under Section 44.1011 of the Florida Statutes, the arbitrator considers the facts and arguments presented by both sides and issues a decision that may be binding or nonbinding.

Most binding arbitrations in Florida are governed by the Revised Florida Arbitration Code (Chapter 682). A binding award is generally final: it cannot be appealed like a court judgment, and a court may set it aside only on narrow grounds, such as fraud, arbitrator misconduct, or an arbitrator exceeding their powers (Section 682.13). In some civil cases, a Florida judge may instead order nonbinding arbitration (Section 44.103), after which a party may still request a trial.

Arbitration is typically less formal, faster, and less costly than a traditional trial, and it takes place privately rather than in open court. It usually arises from a contract with an arbitration clause, a court order, or a statute. For example, Florida's Lemon Law requires consumers to submit eligible disputes to the Florida New Motor Vehicle Arbitration Board before filing a lawsuit, and either side may appeal the Board's decision to circuit court (Section 681.1095). A will or trust may also require beneficiaries and fiduciaries to arbitrate certain disputes (Section 731.401).

From our Miami-Kendall office, our trial attorneys represent clients in arbitrations throughout South Florida and across the state, including lemon law, probate, business, and property insurance disputes. Whether you want to enforce an arbitration clause or a judge has sent your case to an arbitrator, our Motivated, Mindful, and Dedicated legal team prepares and presents your evidence clearly and effectively in pursuit of a favorable, final resolution.

Including but not limited to: 

Miami-Dade County               Broward County                 Palm Beach County           South Miami            Westchester

Miami                                            Fort Lauderdale                 West Palm Beach               Homestead                 Pinecrest 

Kendall                                          Fort Myers                           Port St Lucie                        Hialeah                       Coral Gables      

Naples                                            Lehigh Acres                      Palmetto Bay                        All Florida                  Doral 

Proudly Serving Clients throughout the State of Florida

Adela Z. Marcote & Jacqueline Marcote De Moya, Founding Partners 

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LEMON LAW ATTORNEY

DEFECTIVE CAR ATTORNEY

WILLS AND TRUST ATTORNEY

ESTATE PLANNING ATTORNEY

PRE NUPTIAL / POST NUPTIAL AGREEMENT

LAND TRUSTS /CRYPTO TRUSTS / GUN TRUSTS

​HEALTHCARE DIRECTIVE

MINOR GUARDIAN DESIGNATIONS

DURABLE POWER OF ATTORNEY

FAMILY LAW ATTORNEY

DIVORCE ATTORNEY

CHILD CUSTODY ATTORNEY

DIVISION OF ASSET AND ALIMONY 

ORDER MODIFICATIONS or DISPUTES ​

PROBATE LAW 

DISTRIBUTION OF ASSETS 

FILING PROBATE 

VALIDATING WILL

PAYING DEBTS 

LEGAL TITLE TRANSFERS

PROPERTY DAMAGE INSURANCE ATTORNEY

UNDERPAID OR DENIED INSURANCE CLAIM ATTORNEY

ELDER LAW 

MEDICARE AND MEDICAID PLANNING

BUSINESS TRANSACTIONAL 

BUSINESS DOCUMENT DRAFTING AND REVIEW 

COMMERCIAL LITIGATION 

LITIGATION 

ALTERNATIVE DISPUTE RESOLUTION 

MEDIATION

ARBITRATION

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12595 SW 137 Avenue  Suite 307, Miami, Florida 33186

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Disclaimer: The information provided on this website is for informational purposes only and does not constitute legal advice. The content of this website, viewing it, using contents from it, submitting contact form or any other  contact or link does not create an Attorney-Client relationship with the firm, thus any information submitted may not be treated as confidential until an Attorney-Client Relationship is formed. An Attorney-Client relationship is formed only after a written agreement has been executed between the client and the firm. Do not send confidential or sensitive information through this website. The information on this website is general in nature and may not reflect current legal developments, this is not legal Advice. You should consult with a qualified attorney for advice regarding your individual situation.

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© 2026 by Law Offices of Marcote & Marcote De Moya, PLLC

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