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Scott J. Silverman
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General Biography
Practice Areas
Business Commercial
Employment Law
Entertainment & Sports
Family Law
Health Care
Insurance
International & Cross Border
Maritime Admiralty
Personal Injury
Professional Liability
Real Property
Honors, Memberships, and Professional Activities
Background and Education
Scott J. Silverman has been a full-time neutral since 2012 and has acted as mediator, arbitrator, special magistrate or neutral evaluator in hundreds of matters spanning numerous practice areas, both domestically and internationally.
Known for his keen intellect, down to earth manner, and pragmatic approach to problem solving, Mr. Silverman fosters an atmosphere that is conducive to achieving positive results. His determination and creative approaches to settlement have proven invaluable to parties seeking resolution.
Prior to joining JAMS, Mr. Silverman spent nearly 22 years as a Judge on the 11th Judicial Circuit, during which time he presided over thousands of cases. While proud of his work on the bench, Mr. Silverman believes ADR is a faster and more cost-effective way to resolve disputes.
As follows is a selection of Mr. Silverman's successfully resolved mediations and arbitrations:
Representative Matters
Business Commercial
Successfully mediated a dispute between a national railroad (host) and a railroad transportation company arising under the Rail Safety Improvement Act of 2008 and the parties’ contract; the dispute pertained to PTC (positive train control) systems and resulted in a $41 million settlement
Successfully mediated a dispute between a national railroad company and an adjacent property owner that allegedly encroached upon the railroad’s right of way; subsequent mediated negotiations resulted in the successful sale of the subject property to the alleged encroaching party
Complicated closely held corporate dissolution which resulted in a buy-out from one corporate officer to another
Claim for damages brought by the client of well-known accounting firm who alleged that she loaned the firm's partner a large sum of money and the partner defaulted. The claimant alleged a breach of a fiduciary duty and negligent supervision/hiring in part because the loan violated the firm's ethics code
Commercial loan default by an institutional lender against a well-known physician
Dispute between the FDIC, as receiver, and the officers and directors of a failed bank
Successfully mediated claims made by a well known rapper and adult actress over their “sex tape” which was posted on a popular website, without their alleged consent
Successfully mediated a claim made by the winner of a major state beauty pageant who was later disqualified for allegedly violating the pageant’s rules
Employment Law
Dispute between a hospital and a professional recruiter over a claimed commission
Dispute in which an officer was allegedly denied the opportunity by a city to make payments from his IRC 457(b) deferred compensation plan to the city's defined benefit plan, to purchase service credits
International labor arbitration in which a multi-national corporation allegedly engaged in unlawful age and sex discrimination
Entertainment & Sports
Settled a dispute between an internationally known hip-hop star and a business involving claims of defamation, conversion and civil theft
Mediated breach of contract case between professional athlete and clothing designer hired for collaboration on clothing line
Mediated claims of copyright infringement between recording artists, producers and record labels (x2)
Mediated slander suit brought by adult film star against popular video sharing website
Family Law
Petition to modify a judgment of dissolution of marriage which sought to increase one parent's time sharing with the divorced couple's minor children
Health Care
Claim by a major for-profit hospital chain against an international insurance company regarding alleged monies owed to it by the insurance company for medical services provided to its insureds
Dispute between a hospital and a professional recruiter over a claimed commission
International & Cross Border
International labor arbitration in which a multi-national corporation allegedly engaged in unlawful age and sex discrimination
Maritime Admiralty
Numerous international maritime/admiralty arbitrations in which seafarers claimed serious personal injuries under the Jones Act and sought monetary damages for maintenance and cure
Personal Injury
South Florida aviation accident which resulted in the deaths of a father and son
Wrongful death of a woman who perished during a snorkeling trip in the Florida Keys
Wrongful death claim brought by a survivor against a major aircraft manufacturer in which the cargo pilot died while flying in Asia
Personal injury case in which a propane gas grill, sold by a national retailer, exploded causing the plaintiff third and second degree burns
Claim for injuries resulting from exposure to asbestos
Personal injury claim in which a plaintiff was seriously injured after coming into contact with a power line
Served as an umpire between an insurance company and homeowners for losses arising from a storm
Professional Liability
Legal malpractice claim in which an attorney purportedly created a legally defective will
Legal malpractice and spoliation case in which a prominent attorney allegedly lost an integral piece of evidence, which resulted in an adverse result for a plaintiff in an underlying lawsuit
Real Property
Commercial landlord-tenant dispute between a large well-known Florida law firm and its lessor over a security deposit
Served as an umpire between an insurance company and homeowners for losses arising from a storm
Half-million dollar corporate mortgage foreclosure deficiency dispute between a guarantor and the lender bank
Honors, Memberships, and Professional Activities
Honors
Rated by Chambers and Partners in its USA Guide for Labor & Employment (Florida): Mediators (Band 2), 2024
Daily Business Review Lifetime Achievement Award Honoree, 2023
Rated by Chambers and Partners in its USA Guide for Mediation and as an International Arbitrator, 2016-2019
Top Mediator for 2017 (Legal Luminary), Dade County Bar Association, Miami, Florida
“Lawyer of the Year” 2017 in Miami for mediation, The Best Lawyers in America
Recognized as an ADR Champion by the National Law Journal & Legal Times, 2017
Recognized by Best Lawyers as one of the Best Lawyers in America for ADR, 2015-2024
Rated the #1 "Alternative Dispute Individual Mediator" in The Daily Business Review's "Best of" survey four years in a row, 2012-2015
Member, Cuban American Bar Association, 1999-present
Selected Publications and Writings
Author, "Birth of the Eleventh Judicial Circuit," Tequesta, The Journal of History, Miami, 2012: 32-53
Author, "Mediation Well on its way to Becoming the New Trial," Daily Business Review, Miami, May 11, 2012: 1A and 8A
Author, “Time for Buildings to Reflect Vibrant Justice System,” The Miami Herald, December 29, 2011
Author, “A South Florida Legal Brief,” The Green Bag - An Entertaining Journal of Law, 14 Green Bag 2d 467, 2011
Author, “The 1904 Dade County Courthouse,” Eleventh Judicial Circuit Historical Society, Fall 2007
Co-Author, “Living with the Death Penalty,” Judicature, March 2006
Co-Author, “Judge Henry Fulton Atkinson – One of the Eleventh Judicial Circuit Greatest Judges,” South Florida History, 2006
Author “Separate, but Equal’ by Design,” The Miami Herald, June 16, 2005
Selected Lectures and Presentations
Panelist, “Judicial Ethics and the Media,” The Center for Ethics, St. Thomas University School of Law, Miami, Florida, September 30, 2016
Panelist, “Navigating a Career in Maritime Law,” University of Miami School of Law, Miami, Florida, March 15, 2016
Panelist, “World-Leading International Arbitration Institutions,” International Litigation, Arbitration & Transactions (ILAT) Conference, The Florida Bar, Miami, Florida, February 26, 2016
Panelist, “Maritime and Cruieship Arbitration: Making Waves,” 4th Annual Arbitration and Investment Summit - Caribbean, Latin America and Other Emerging Markets, Nassau, Bahamas, January 22, 2016
Lecturer, "ADR Issues for Circuit Court Judges: What you can't see may help you," Conference of Circuit Court Judges of Florida, Tampa, Florida, August 5, 2015
Panelist, “Experts in the Sunshine State: Universal Issues in the Context of Resort, Tourism, and Cruise Line Cases,” American Bar Association, Boca Raton, Florida, May 16, 2014
Lecturer, “Being a Better Advocate in the Eleventh Judicial Circuit,” University of Miami School of Law, November 2011
Facilitator, “Maritime Law-A Primer, or How to be the Captain of Your Own Ship While Avoiding Motion Sickness,” Florida Advanced College of Judicial Studies, 2010
Background and Education
Judge, Eleventh Judicial Circuit in and for Miami-Dade County, Florida, 1991-2012
Judge, Circuit Court (Civil, Criminal, and Family Divisions), 1999-2012
Judge, Miami-Dade County Court (Civil and Criminal), 1991-1999
Associate Administrative Judge for Traffic Related Matters, 1996-1999
Judge, Appellate Division of the Eleventh Judicial Circuit, 1999-2012
Associate Judge, Florida’s First District Court of Appeal, by designation, Tallahassee, Florida, 2006
Associate Judge, Florida’s Fourth District Court of Appeal, by designation, West Palm Beach, Florida, 2001 and 2004
Florida Supreme Court appointed referee, 1993, 1996, 2011
Presided over the Miami-Dade County Grand Jury, 2009
Private Practice, Law offices of Scott J. Silverman, 1985-1991
Private Practice, Marlow, Connell, Smith, DeMahy, and Valerius, 1983-1985
Law Clerk, Fredericka G. Smith, Circuit Court Judge, Eleventh Judicial Circuit, 1982-1983
Assistant Attorney General, State of Oklahoma, 1981-1982
Law Clerk, Getty Refining and Marketing Company, 1980-1981
J.D., University of Tulsa College of Law, 1981
Concentration, Energy law
Phi Delta Phi
B.B.A., University of Miami, 1978
Magna Cum Laude graduate, finance major and economics minor
Phi Kappa Phi National Collegiate Academic Honor Society (the nation’s oldest and most selective for all academic disciplines)
Beta Gamma Sigma (Business Honor Society)
Omicron Delta Epsilon (International Economic Honor Society)
Alpha Lambda Delta (Freshman Honor Society)
President’s Honor Roll
Dean’s List
Counsel Comments
“Scott Silverman is an outstanding mediator. He is caring, professional, accommodating, and highly knowledgeable. His extensive experience as a former trial judge provides a very unique insight into the benefits of settlement thereby ensuring that the parties reach a mutually acceptable resolution.”
“Judge Scott Silverman understands people. He knows how to tap into the areas where the parties and their lawyers need help. He understands the legal issues and always does a great job on the cases submitted to him for mediation. He is the paradigm of the mediation profession.”
“[The deal had] been many years in the making, but I think it was a good and fair result for all sides. [Scott Silverman’s] assistance and calm demeanor was a tremendous help in getting this deal over the line. We were lucky [he was] available for the mediation and hope to use [his] services in the future…”
“Though I am now in the private sector, my role as a problem solver continues. I actively facilitate and promote discussions between the parties to a dispute. I work towards developing options and alternatives that enable them to craft a resolution to their disagreement. My goal is to achieve an end to the dispute so the parties can move forward with their lives.”
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