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​NORMAN S. GERSTEIN

 

   Since graduating from Law School in 1973, Norman Gerstein has dedicated his life to the interest of justice and the needs of the South Florida Community. From 1973-1981, he served as an Assistant Public Defender and as a Special Assistant State Attorney. Appointed in 1981 to the County Court and then in 1986 to the Circuit court by Governor Bob Graham. Served with distinction for 29 years until 2010.

  Norman Gerstein has served in every Division of the County and Circuit Court, including criminal, general jurisdiction, juvenile,drunk driving division and probate, and has consistently earned extremely high ratings in the Dade County Bar Association's Judicial Bar Poll. Extensive trial experience in almost all areas of the law, including but not limited to the complex civil cases, land use cases, personal injury and medical malpractice, foreclosures, trust, wills and estates, business disputes and negligent security cases.

   Norman Gerstein retired from the court in April, 2010 and has become a successful Mediator, Arbitrator, Special Master, Insurance Umpire and Receiver. Since April 2010, he has mediated approximately 2300 cases and is involved in approximately 200 arbitrations. He has been awarded numerous professional, humanitarian and community service awards throughout his career including, the Justice Harry Lee Anstead Professionalism Award, The Florida Association of Criminal Defense lawyers Justice Kogan Award, the Greater Miami Jewish Federation's Community Service and their Lifetime Achievement Award, The Guardian Angel Award from the NFL YET center, City of Miami, the Heart Award from the Boys and Girls Club and the Community Service Award from the City of South Miami. He has been appointed by the Governor to The Children's Trust Governing Board of Miami Dade County.

 

   Norman Gerstein has remained a full time neutral, and has extensive experience in Mediation, Arbitration and also serves as the Neutral Umpire in Insurance Disputes in Binding Appraisals.

MARITIME & ADMIRALTY CASES:
Extensive jury trial experience, arbitration and mediation, Jones act, maintenance and cure claims under American and foreign laws including punitive damages, personal injury and contractual disputes.

COMPLEX CIVIL CASES:
Has handled full range of complex civil cases, including multiple party cases, International Law, Partnership and Corporate dissolution, Construction Litigation, Airplane crashes, Products Liability etc.

PERSONAL INJURY CASES:
Including vehicular accidents, intentional torts, assault and battery, wrongful death, D.U.I.'s, medical malpractice, slip and falls and other personal injuries.

CONTRACTS:
Including all type of business disputes, real estate, employment, international business contracts, construction liens, corporate and partnership dissolution.

NEGLIGENCE CASES:
Involving personal injury, negligent security cases, product liability, strict liability etc.

INSURANCE DISPUTES:
Involving coverage defense and damages, hurricane claims, water damage and sinkholes.

REAL ESTATE:
Contracts, foreclosures and land use

INTERNATIONAL LAW:
Choice of laws, contracts, etc.

 

   Having spent over 30 years in the court system, I know how important mediation can be to the litigants and to the court system.  The mediation process  must include a number of key components to insure that it is effective, fair and impartial.  Although I have heard  thousands of cases in court and hundreds of cases in mediations, I firmly believe that each mediation is unique.  Each has it's own set of legal issues and each has parties with their own personalities, perspectives and feelings concerning the subject matter of the mediation.

  At the beginning of the mediation, it is crucial that the parties truly believe that the mediator is impartial and will remain impartial throughout the mediation.  The parties must believe that the mediator is truly interested in helping them solve their disputes. This can only be accomplished by spending adequate time with them and listening to the parties and their counsel.  Confidentiality is of course another key component to to an effective mediation.  Without trust in the process and the mediator, the parties will not share enough information to have a truly meaning mediation.

  While the mediator is not there to make legal decisions on behalf of the parties, the mediator should have expertise in the subject matter of the mediation. The mediator must be perceived as having adequate expertise in the relevant legal areas.  The mediator's role is to help facilitate the parties find a resolution to their dispute.  Self determination is always the fundamental principle of mediation.  Although it is helpful for the mediator to suggest and explore multiple solutions to the dispute, the parties must always be helped to make a voluntary decision to settle their disputes.

Norman S. Gerstein P.A. - President

2010-Present

 

County Judge/Circuit Judge, State of Florida, 1981-2010

 

Assistant Public Defender, State of Florida, 1973-1981

 

Awards & Honors:

Justice Harry Lee Anstead Professionalism Award,

The Florida Association of Criminal Defense lawyers Justice Kogan Award

the Greater Miami Jewish Federation's Community Service and their Lifetime Achievement Award

The Guardian Angel Award from the NFL YET center, City of Miami

The Heart Award from the Boys and Girls Club

The Community Service Award from the City of South Miami

 

Education:

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AAA Commercial Arbitrator Roundtable Best Practices for Arbitrators by Arbitrators 2023

 

Southern District of Florida Certified Mediator 2020

 

Florida Supreme Court Arbitrator Training 2020

 

Virtual Mediation Webinar 2020

 

AAA Mediator Roundtable 2020

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Advanced Negotiation & Mediation 2020

 

AAA-ICDR Arbitrator Roundtable – Emerging Topics in Arbitration 2020

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Mastering the Fundamentals of Mediation 2020

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Ethnics and Technology 2019

 

ABA Building Industry mediation 2019

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American Arbitration case finance 2019

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ICDR Symposia in Advanced Case Management Issues course 2018

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FINRA 2017 Arbitration Panel Course

​

AAA 2016 Construction Conference: 

Ahead of Schedule and Under Budget, 2016

 

AAA/ICDR/Mediation.org Panel Conference, 2016

 

ICDR Miami International Arbitration Conference: The Past  the Present  and the Future, 2016

 

OPTIMIZE YOUR ARBITRATION: UNDERSTANDING THE ROLE OF THE PROACTIVE ARBITRATOR

AAA Recorded Webinar 2016

 

2016 AAA /ICDR /MEDIATION.ORG PANEL CONFERENCE
February 18th- 20, 2016

 

DADE COUNTY BENCH AND BAR CONFERENCE
February 15, 2016

 

BEST PRACTICES JURY SELECTION LAW THEORY METHOD
February 3, 2016

 

ICDR BILTMORE HOTEL DELIBERATING THE DELIBERATIONS
January 27 to January 29 2016

 

ADVANCED MEDIATION TRAINING RETREAT
NATIONAL ACADEMY OF DISTINGUISHED NEUTRALS
August 13-15, 2015

 

32ND JOINT COLLOQUIUM ON INTERNATIONAL ARBITRATION
Friday, December 11, 2015

 

AAA ICDR INTERNATIONAL SYMPOSIA IN ADVANCE CASE MANAGEMENT ISSUES
2014

 

Southern District of Florida Mediator Certification 2020

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CIRCUIT/CIVIL MEDIATION CERTIFICATION 2018

 

AMERICAN ARBITRATION ASSOCIATION
Arbitration training and certification 2012

 

APPELLATE MEDIATION TRAINING
(Florida Supreme Court Certification course) 2011

 

FAMILY MEDIATION TRAINING
(Florida Supreme Court Certification course) 2011

 

CIRCUIT/CIVIL MEDIATION TRAINING
(Florida Supreme Court Certification course) 2010

 

Rollins College (BA-1970)

 

University of Miami, School of Law (JD-1973)

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