Rich Smukler Mediation

Rich Smukler Mediation Uncontested, Pro se Family Divorce Mediation - offering video conferencing and remote online notarization - Please call with any questions.
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I am here to help you with your Uncontested, Pre-suit, Pro-se Divorce Mediation. It is a voluntary process chosen by couples that have decided to divorce, but who want to avoid the financial and emotional costs associated with retaining attorneys and litigating their disputes. I am a Florida Supreme Court Certified Civil Circuit Mediator, Florida Supreme Court Certified Family Mediator, and Qualif

ied Advanced Arbitrator, among other certifications. Licensed to practice law for almost forty years, I am extremely proud to be AV rated Preeminent by Martindale-Hubbell for the highest level of professional Excellence. Video-conferencing is available through Zoom technology during these difficult times.

01/07/2024

Pearl Velvet Photograph by Richard Smukler

01/07/2024

Mesquite Dunes Photograph by Richard Smukler

01/07/2024

Death Valley Photograph by Richard Smukler

12/31/2023

Orange Rider Photograph by Richard Smukler

12/31/2023

Dante Photograph by Richard Smukler

12/31/2023

Zabriskie Point Photograph by Richard Smukler

12/30/2023

In an attempt to make the entire mediation process streamlined and comfortable, along with video-conferencing with zoom technology, you can book your mediation on-line and experience the entire mediation process without leaving your home. This includes the previously cumbersome task of getting docum...

12/24/2023

Wilma Photograph by Richard Smukler

12/24/2023

Bryce Canyon State Park Photograph by Richard Smukler

12/10/2023

Got da Giggles Photograph by Richard Smukler

12/10/2023

Welcome Photograph by Richard Smukler

12/10/2023

Desert Drum Photograph by Richard Smukler

12/05/2023

Florida Supreme Court Reverses $18.9 Million Judgment in Car Accident Liability Case

The Florida Supreme Court has issued a pivotal ruling, exonerating Debbie Lambert, a mother from the Tampa Bay area, of liability for a car accident in which her son was involved, leaving motorcyclist Bruce Emerson paralyzed. In a 5-1 decision, the court overturned an $18.9 million judgment against her, instead ruling that her husband, Keith Lambert, could be held liable as the titleholder of the Hyundai Sonata involved in the 2015 accident, with his liability limited to $600,000 by state law.
The case hinged on Florida's 'dangerous instrumentality doctrine,' which traditionally holds vehicle owners accountable for accidents occurring with their vehicles. However, the Supreme Court focused on the distinction between title ownership and permission to use the vehicle, a point of contention that resulted in the significant judgment against Debbie Lambert being reversed.
Justice John Couriel, writing for the majority, emphasized that the act of entrustment is not sufficient for liability under the doctrine, contrary to Justice Jorge Labarga's dissent, which argued for broader application to ensure adequate compensation for severe injuries. This decision signals a landmark shift in the application of liability in vehicle-related accidents, specifically within family dynamics and vehicle ownership.
As a result of the ruling, Florida families may now need to reconsider the implications of vehicle title ownership and the potential for vicarious liability. The court's decision brings relief to the Lambert family and sets a precedent that could affect future litigation and insurance practices in Florida.

Rich Smukler is a past Special Assistant Attorney General and Trial Lawyer from Pennsylvania with a deep appreciation of trial practice. As a Florida Certified Circuit and Family Mediator, Qualified Arbitrator, Finra Certified Mediator and Arbitrator, and Circuit and County Assistant Mediator Trainer, he has a broad understanding and profound respect for the process of Alternate Dispute Resolution.

10/29/2023

Long Way Home Photograph by Richard Smukler

10/29/2023

Eclipse Photograph by Richard Smukler

10/29/2023

Stone of Plenty Photograph by Richard Smukler

What a pleasant surprise. Very proud.
11/28/2022

What a pleasant surprise. Very proud.

02/23/2022

Feel free to call with your questions about mediation.

02/08/2022

Florida Doctors are Required to be Financially Responsible for Their Mistakes, Lawyers are not.

Legal Malpractice (also known as Attorney Negligence) is quite similar to Medical Malpractice (Medical Negligence) in many respects. Essentially both doctors and lawyers can be responsible for their negligent actions. There must be a duty on the part of the professional towards their patient/client, the professional deviates from the recognized standard of care, and that deviation of care is the proximate cause of damages. Florida Statute 766.102

However, unlike doctors, lawyers in the state of Florida have no obligation to maintain malpractice insurance or provide any disclosure to clients that they do not have insurance. It is estimated that approximately forty percent of attorneys do not carry malpractice insurance. These errors include missing deadlines, unfamiliarity with the law, conflict of interest and failing to obtain client consent. Clients who have suffered damages at the hands of their lawyers have no practical recourse whatsoever when the attorney has no malpractice insurance.

The Florida legislature has passed laws requiring doctors to satisfy financial responsibility requirements. Essentially, a doctor who does not have hospital staff privileges must provide an escrow account, insurance or a letter of credit of not less than $100,000.00 per claim with a minimum annual aggregate of not less than $300,000.00. A doctor who has hospital privileges must establish an escrow account, insurance or a letter of credit in the amount of $250,000.00 per claim and a minimum annual aggregate of not less than $750,000.00. Florida Statutes 458.320

There are two exceptions to these requirements. The first is primarily for part-time physicians. In order to avoid the financial responsibility requirements, they must post a sign in their reception area or provide a written statement to all persons who receive medical services. The sign or statement must state the following: “Under Florida law, physicians are generally required to carry medical malpractice insurance or otherwise demonstrate financial responsibility to cover potential claims for medical malpractice. However, certain part-time physicians who meet state requirements are exempt from the financial responsibility law. YOUR DOCTOR MEETS THESE REQUIREMENTS AND HAS DECIDED NOT TO CARRY MEDICAL MALPRACTICE INSURANCE. This notice is provided pursuant to Florida law.”

Doctors who agree to satisfy judgments rendered against them may also avoid the financial responsibility laws if they provide a notice substantially similar to the notice for those who are part-time physicians.

Legal and Medical Malpractice claims are extremely expensive and time-consuming. Typically, attorneys who are willing to take on these claims are extremely careful before doing so, as many of these claims are taken on a contingent fee basis which would be the responsibility of that attorney or law firm if the claim is unsuccessful. Time is needed for a sensible evaluation of the case before taken on. So, if you think you may have a claim, time is of the essence to get it reviewed as soon as possible. Contact.

*Resources: Florida Statutes 766.102, 458.320, Warren Trazenfield, Esquire, Cutler & Rader Esquires

02/02/2022

Why Pro se Divorce Mediation?

Couples often seek Pro se Divorce Mediation as opposed to the expense of hiring counsel. Chapter 61 of the Florida Statutes allows Pro se litigants to advocate on their own behalf in a divorce proceeding. In Florida, 95% of all divorcing couples opt for mediation rather than trial. The unrepresented parties hire a qualified mediator who will steer them toward a divorce settlement.

Pro se mediation typically involves
- Approximately 3 sessions (but can vary depending upon complexity of issues).
- Creation of a marital settlement agreement (terms of alimony, child support, and division of assets)
- Future parenting plans (if minor children are involved) detailing parental decisions for dependents, decisions about visitation rights, etc.

Once you reach out to Rich Smukler Mediation you will receive an Agreement to Mediate that will hopefully address some of your questions about the process, including my role as a mediator, the mediation procedure and compensation. You will also receive a document which will outline the Rules of Mediation which will detail what will be expected from you during the course of the mediation process, including but not limited to communications, third party involvement, disclosure responsibilities and confidentiality.

Please feel free to reach out to me should you have any issues that you’d like to discuss.

02/01/2022
01/29/2022
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01/28/2022

Thanks for your kind words!

Richard Smukler x Please help us by taking a couple of minutes to tell us about your experience. NOTE: You will need an account with Google, Facebook, Yellow Pages. Please click “Ok” to continue.OK x Thank you very much for your input. We strive for 100% customer satisfaction. Please tell us how...

The Advantages of Pro se Divorce
01/28/2022

The Advantages of Pro se Divorce

The advantages of mediation in resolving family disputes Mediation is a form of alternative dispute resolution that takes feuding parties and aligns their interests to ultimately achieve an amicable settlement. For decades, Rich Smukler Mediation has helped guide parties through the process of media...

Pro Se (Uncontested) Divorce Mediation in FloridaAs a Florida Supreme Court Certified Family Mediator, Rich can guide yo...
01/25/2022

Pro Se (Uncontested) Divorce Mediation in Florida

As a Florida Supreme Court Certified Family Mediator, Rich can guide you through the often emotional and sometimes heart-wrenching pathway required in martial dissolutions. “Pre-suit, Pro se” divorce mediation is a non-adversarial alternative to divorce litigation. It is a voluntary process chosen by couples that have decided to divorce, but who want to avoid the financial and emotional costs associated with retaining attorneys and litigating their disputes. A couple who chooses pro-se divorce mediation is choosing to work together with their mediator to resolve all issues related to their divorce and separation. You will receive guidance in the preparation of The Financial Affidavit as well as the MSA (Marital Separation Agreement).

Call Rich with any questions at 561-866-1688 (or)
email him at [email protected].
Many of your questions can be answered at www.richsmuklermediation.com

Rich Smukler is a past Special Assistant Attorney General and Trial Lawyer from Pennsylvania with a deep appreciation of trial practice. Call us at (561) 866-1688.

01/24/2022

Richard Smukler x Please help us by taking a couple of minutes to tell us about your experience. NOTE: You will need an account with Google, Facebook, Yellow Pages. Please click “Ok” to continue.OK x Thank you very much for your input. We strive for 100% customer satisfaction. Please tell us how...

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01/24/2022

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Address

3801 PGA Boulevard
Palm Beach Gardens, FL
33410

Opening Hours

Monday 9am - 5pm
Tuesday 9am - 5pm
Wednesday 9am - 5pm
Thursday 9am - 5pm
Friday 9am - 5pm

Telephone

+15618661688

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