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MEMBER PROFILE: Michael D. Smith Esq. |
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ADR SERVICES & CERTIFICATIONS |
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ADR Services:
Mediation (Circuit-Civil) |
Mediation (Federal) |
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FL Certification Qualifications:
Circuit-Civil Mediator
Serving the following Judicial Circuits:
1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20
[ Click for Map of Florida's
Civil Circuits ]
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Michael D. Smith Esq. has experience in the following areas of Civil
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ADA Disability |
Admiralty |
Automotive |
Civil Rights |
Class Actions |
Commercial/Business |
Condominiums |
Construction |
Contract Disputes |
Debt/Foreclosure |
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Eminent Domain |
Employment |
Environmental |
Health Care |
Insurance |
Legal Malpractice |
Medical Malpractice |
Natural Disasters |
Nursing Homes |
Personal Injury |
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Pharmaceuticals |
Premises Liability |
Probate |
Product Liability |
Professional Liability |
Professional Malpractice |
Professional Negligence |
Real Estate |
Torts |
Wrongful Death |
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Biographical Notes:
 MIKE'S PHILOSOPHY OF THE MEDIATION PROCESS: As a neutral helper for all parties, Mike's job is to provide everyone with the best environment, the best opportunity, and the best chance to reach a settlement, if that is what the parties want to do. Mike's goal is to equip each and every decision maker with whatever information he or she needs to make a wise, informed decision regarding whether to settle or to risk continuing the controversy/litigation. If provided with a good understanding of risk, most people try to avoid it by compromising with each other.
Mike has been a certified mediator for 19 of the 31 years he has practiced law. For 17 years, Mike has been a full-time mediator, mediating approximately 250 disputes per year. He has mediated 5,000 cases to date. In 2005, Mike purchased and renovated a 100 year old Victorian office, which easily accommodates multi-party mediations. During the first 25 years of his practice, Mike was privileged to have had the opportunity to learn a great deal about litigation and negotiation skills and tactics from many of his former law partners who were outstanding litigators. Prior to becoming a mediator, Mike was a personal injury and commercial litigator, who realized the value of negotiated settlements in the early days of Florida mediations. Shortly after becoming certified, his mediation practice grew so much that he no longer had time to litigate. Mike says that it was like grass taking over a yard full of weeds!
Circuit Court Mediator - Certified by Florida Supreme Court since 1992; member of Florida Academy of Professional Mediators; lecturer on mediation at seminars and meetings for lawyers and laymen; volunteer pro bono mediator of juvenille restitution disputes; appointed and approved by the Florida Department of Insurance to mediate claims resulting from Hurricanes Erin and Opal; mediated over 400 hurricane (Ivan, Dennis, Georges, Danny, Opal, Erin) cases; mediated approximately 300 construction cases; mediated approximately 350 employment cases; mediated over 300 professional malpractice (medical, architectural, legal, accounting, real estate) cases; co-founder of SEBIRG (South Eastern Breast Implant Resolution Group); mediated over 250 breast implant cases; mediated approximately 300 nursing home cases; mediated over 500 product liability cases; mediated over 500 death cases and well over 2,500 personal injury cases.
Extensive Experience - throughout Florida (including Pensacola, Ft. Walton Beach, Destin, Crestview, Panama City, Tallahassee, Jacksonville, Tampa, Orlando, West Palm Beach, Ft. Lauderdale and Miami) and Southeastern United States (GA, AL, MS, LA, TN, NC, SC) mediating personal injury, wrongful death, mass tort products liability (breast implant, pharmaceuticals, medical devices, motor vehicles, Chinese Dry Wall, etc.), professional malpractice, employment discrimination, nursing home, eminent domain, family, contract, construction, commercial, hurricane damage, insurance, admiralty and probate disputes. When he is not mediating, Mike enjoys family, church, community, golf, boating, water skiing, labrador retrievers, Wake Forest football and basketball and other sports activities. He has served as President of several community organizations, including Pensacola Sports Association, Leadership Pensacola, Greater Pensacola Touchdown Club and Five Flags Sertoma Club. He also chaired the 1998 United States Open Waterski and Wakeboard Championships and over 100 golf tournaments.
Education:

- 1973 Graduate of Escambia High School, Pensacola, Florida
- 1977 B.S. Business, Wake Forest University, Winston-Salem, North Carolina
- 1980 J.D., Wake Forest School of Law, Winston-Salem, North Carolina
Languages

English
Memberships & Affiliations :

- Florida Bar - member since 1980
- Florida Academy of Professional Mediators
- Florida Circuit Civil Mediator Society
- National Academy of Distinguished Neutrals
- Escambia-Santa Rosa Bar Association - member since 1980; Law Day Committee Chairman 1983; Law Day Golf Tournament Chairman since 1985; Executive Committee Member 1985-1986; Young Lawyers Section President 1990; Bar Association Secretary 1993-1994; Lawyer/Doctor Golf Outing Chairman since 1997
- American Bar Association - member since 1980
- Federal Bar - Admitted to United States Supreme Court, United States Courts of Appeal for the Fifth and Eleventh Circuits, and United States District Court for the Northern District of Florida
- Martindale-Hubbell - "AV" Rating
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RATES & PAYMENT INFORMATION |
Rates: For mediations within 125 miles of Pensacola, $125.00 per party per hour; 4 hour minimum charge; 3 party maximum charge, plus travel time @ $125.00 per hour and mileage. For Saturday, Sunday, and holiday mediations and mediations more than 125 miles from Pensacola, daily rates apply: $3,750.00 per day; includes 2 hours of prep and 8 hours of mediation; additional time charged @ $375.00 per hour; plus actual travel time @$125.00 per hour and mileage. For service as special master, hearing officer, arbitrator, or umpire, $375.00 per hour; 8 hour per day minimum charge.

Payment: Following the mediation, each party's attorney and any unrepresented parties will be billed for and will be expected to promptly pay for their share of the mediator's charges. Deposits are sometimes required to hold dates.

Cancellation Policy: Mike HATES charging CANCELLATION FEES. However, for fully booked full time mediators, cancellation fees have become an unfortunate necessary evil to avoid last minute cancellations. Thus, each party will be billed $500.00 unless notice of cancellation is received by the mediator at least one week prior to the scheduled date of the mediation. The mediator will not be involved in any issue concerning which party, if any, is responsible for the cancellation.

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AVAILABILITY & BOOKING INFORMATION |
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Calendar Last Updated: 2 Feb 12
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To schedule a mediation, please contact Mike or Cindy Smith at (850) 432-9850.
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