David Lichter anchors the firm’s alternative dispute resolution services.

Mediation and Arbitration

Mr. Lichter has mediated and arbitrated more than 1,600 matters pre-suit, pending in state and federal district and bankruptcy courts, the American Arbitration Association and before the Financial Industry Regulatory Authority. Mr. Lichter regularly travels throughout Florida, around the country and has traveled to Puerto Rico and the Bahamas to mediate and arbitrate matters. Mr. Lichter serves on the Commercial and Employment panels of the American arbitration association and also serves as a private arbitrator upon request.

Special Magistrate/Special Master/Special Investigator

Mr. Lichter has served as a Special Master, Special Magistrate and Special Investigator appointed by judges and/or selected by the parties in both state and federal court. In this capacity, he has also resolved a variety of procedural and/or legal issues while litigation progresses. In such instances, Mr. Lichter acts as a third party neutral who can render decisions more quickly than might otherwise be possible in a judicial or arbitral forum. This procedure is applicable to all types of disputes, but is particularly helpful for multi-party, multi-issue disputes involving complex discovery problems. This procedure can save the parties time — and money — by more quickly disposing of a variety of issues while the parties share the cost of Mr. Lichter’s services.

Private Judging

Private Judging is an alternative dispute resolution procedure in which the parties agree to have someone other than a sitting judge hear and decide the case. The private judge presides over the pretrial litigation and the trial in the same manner as a Circuit Judge with authority to enter orders on discovery and dispositive motions. Once the private judge rules on the dispute, judgment is entered upon application by the prevailing party to the assigned Circuit Judge. The private judge’s legal conclusions are appealable as of right, but the judge’s factual determinations are subject to limited review. Private judging is more efficient than traditional litigation and affords the parties more control over the process.

Early Neutral Evaluation

Early neutral evaluation allows a party to hire a third party neutral like Mr. Lichter to evaluate a case prior to trial. The parties may present argument and witnesses and then obtain Mr. Lichter’s evaluation and discuss those findings in a roundtable forum.

Dispute Resolution Representative Matters

Dispute ResolutionMr. Lichter was appointed by the Business Court of the Eleventh Judicial Circuit as a Special Magistrate in a case involving complex allegations of business fraud stretching over 20 years and three continents with over $600 million at stake. Mr. Lichter reviewed thousands of documents both in Miami and London, managed discovery and issued several orders and recommendations to the Court. 
Dispute ResolutionMr. Lichter served as a Special Investigator appointed by the Court in a corporate derivative action involving a shareholder dispute concerning a nationally known magazine. After reviewing substantial files reaching back over a decade, interviewing many witnesses and supervising a forensic accounting, Mr. Lichter issued a 50-page report that was adopted by the court and affirmed on appeal.
Dispute ResolutionMr. Lichter was appointed by two different bankruptcy judges as one of four mediators to mediate a significant number of preference actions arising out of the bankruptcy of two of South Florida’s largest home builders.
Dispute ResolutionMr. Lichter was appointed as a Special Master by a federal judge to oversee the operations and filings of a law firm for a one year period.  Mr. Lichter redesigned the firm's case intake process . 
Dispute ResolutionThe Circuit Court of the Eleventh Judicial Circuit has appointed Mr. Lichter to oversee depositions in hotly contested cases.