HOME ARBITRATION MEDIATION EXPERIENCE PHILOSOPHY FEE SCHEDULE CONTACT ME EQUINE DISPUTE
LABOR/EMPLOYMENT DISPUTE FAMILY DISPUTE CONTRACT, CORPORATE & BUSINESS DISPUTES TORT DISPUTES OTHER DISPUTES

Your browser doesn't support JavaScript or you have disabled JavaScript.

 

A Skilled Arbitrator and Mediator  Serving Kentucky and Florida

W. David Shearer, Jr.

 W. David Shearer, Jr., is a Kentucky Arbitrator and Florida Supreme Court Qualified Arbitrator and a Kentucky Supreme Court Approved General / Civil and Family Mediator and a Florida Supreme Court Certified Circuit Civil and Family Mediator. He is dedicated to serving his clients’ specific and unique needs, while effecting the best possible resolutions. Mr. Shearer believes that parties should be able to make their own decisions and guide the resolution during the mediation process. He also believes that arbitration is a fair and just alternative to expedite and resolve disputes.

 Mr. Shearer is available to accept assignments as an Kentucky Arbitrator or Certified Mediator and a Florida Qualified Arbitrator or Certified Mediator in the field of alternative dispute resolution relating to the following areas of law:

legal-documents-reference   • Administrative Law Dispute
• Appellate Law Dispute
• Condemnation or Eminent Domain Law Dispute
• Foreclosure and Real Estate Law Dispute
• Insurance Law Dispute
• Broker-Dealer Securities Investment Dispute
• Tort Law Dispute
• Workers Compensation Law Dispute

In arbitration, Mr. Shearer makes a studied decision (binding or non-binding) based on the evidence and information provided depending on the type of arbitration process selected by the parties. However, in mediation he facilitates the negotiations between the parties to enable them to accept a mutual agreement.

Let Mr. Shearer reconcile or guide your litigants as a Kentucky and Florida arbitrator or mediator to resolve their own disputes through an expeditious, fair and just arbitration or mediation process. You may contact Mr. Shearer via this web site by clicking here or by telephone:

Direct numbers   KY (502) 636-1636     FL (239) 537-4691
                              Cell (502) 551-0818
   
Fax (502) 636-1652

Mr. Shearer is a Kentucky Arbitrator and Florida Supreme Court Qualified Arbitrator and a Kentucky Supreme Court Approved General/Civil and Family Mediator and a Florida Supreme Court Certified Circuit Civil and Family Mediator. He is dedicated to serving his clients’ specific and unique needs, while effecting the best possible resolutions. Mr. Shearer believes that parties should be able to make their own decisions and guide the resolution during the mediation process. He also believes that arbitration is a fair and just alternative to expedite and resolve disputes.

Throughout the process, Mr. Shearer maintains confidentiality, impartiality and neutrality for all parties. He has broad practical experience in the dispute resolution process, which qualifies him as an arbitrator and mediator. His expert service is committed to the following:

  • Informing participants about the process of arbitration/mediation
  • Adopting a neutral stance with all parties revealing any potential conflicts of interest to the arbitration/mediation
  • Conducting the arbitration/mediation in an impartial manner
  • Confidentiality (mediation), except as agreed to by the parties or except when disclosure is required or permitted by law
  • Abstaining from offering legal advice 

Mr. Shearer’s goal is to set and maintain the highest standard of neutrality in both arbitration and mediation. Mr. Shearer believes that the integrity of these professions rests on the standard of fairness and, as such, he is the preeminent source for jurists, attorneys and law firms seeking an arbitrator or mediator. His services, as a neutral and impartial third person during the arbitration and mediation process, are available at an affordable hourly rate, with reasonable administrative fees for multi-day, complex or multi-party disputes.

Whatever your issue might be, it is very likely that Mr. Shearer has significant, relevant experience. Successful resolutions occur when the participants feel that the best decision has been made and that the process was efficient and professional. Your satisfaction with the resolution process is Mr. Shearer's primary goal.

Additional Areas of Dispute Resolution Services

legal-precidenceAdministrative Law involves the various agencies of federal and state government. This is commonly known as the executive branch, which is headed up by the President on the federal level and the Governor on the state level. However, there may be administrative agencies within the judicial branch and legislative branch as well. Within these agencies are rules and regulations, which are adopted, pursuant to enabling statutes. After these rules and regulations are adopted, the various agencies enforce them.

Mr. Shearer is available as a Kentucky and Florida arbitrator and mediator for Administrative Law disputes and Appellate Law disputes and has broad practical experience in the field of Administrative Law having represented both state (Commonwealth of Kentucky) and local (Louisville Metro Government) governmental agencies over a span of two decades. His experience consists as follows: (1) Defending state agencies on its enforcement of regulatory authority; (2) Drafting administrative regulations for state agencies; (3) Defending the constitutionality of state statutes and regulations as enforced by its agencies; (4) Conducting hearings as a Hearing Officer (acting in a similar capacity of an administrative law judge) for state and local government on issues, including rights of minority in government contracts employment contracts and other contractual issues, which had been administratively denied; and (5) Member of the Jefferson County (Louisville, Kentucky) Merit Board for fourteen (14) years, thirteen (13) as its Chairman (acting in a similar capacity of an administrative law judge), where he conducted hearings on appeals regarding employment issues such as suspensions and terminations.

The Judges may order or the parties may agree to arbitrate or mediate dispute as a means to resolve it. Mr. Shearer is highly qualified as your arbitrator or mediator to resolve administrative law claims. Appellate Law involves a party’s right to appeal a lower court decision to a higher court for a determination on the issues. However, an administrative agency’s decision may also be appealed to a court for a determination. Mr. Shearer has broad practical experience in

legal-precidenceAppellate Law having represented both plaintiffs and defendants at the federal, state and local court levels. This included appeals from (1) U. S. District Court to various U. S. Circuit Court of Appeals; (2) state circuit court to state court of appeals; (3) state court of appeals to state Supreme Court; (4) state district court to circuit court; and (5) state and local governmental agencies to circuit court.

legal-precidenceCondemnation or Eminent Domain Law involves the right of a state or federal agency to take persons or entity’s property for a public purpose or need. If the agency takes such property, then the property owner must be awarded just compensation. Mr. Shearer has broad practical experience in Condemnation Law as he has represented litigants in a variety of properties, including residential, commercial, industrial and farming. He is quite familiar with the two primary issues in the area of law as follows: (1) whether the taking is for “public use”; and (2) the “fair market value” of the condemned property. He has dealt with experts on both sides as it pertains to those issues. Mr. Shearer is highly qualified in addressing these issues in the dispute resolution process.

legal-precidenceInsurance Law [1] deals with issues pertaining to the rights of the parties regarding an insurance policy, which is a contract between the insurance company and the insured. There are a variety of different types of insurance policies, the most common being liability, life insurance and health. Both, arbitration and mediation are utilized as processes to resolve disputes, which may be the result of a provision in the insurance contract. Arbitration or mediation may be ordered by a Judge or by agreement of the parties. Mr. Shearer has broad practical experience in the field of Insurance Law protecting the interest of both the insurer and insured. His experience was garnered by representing plaintiffs and defendants in personal injury, workers compensation, life and health insurance, and property casualty and liability type cases. Thus, Mr. Shearer is highly qualified as your arbitrator / mediator for a resolution of Insurance Law issues, as follows:

  • Automobile Insurance
  • Collision Coverage
  • Comprehensive Coverage
  • Health Insurance (Group and Individual)
  • Homeowners Insurance
  • Indemnification Issues
  • Insurance Agents
  • Insurance Coverage
  • Liability Coverage
  • Life Insurance (Term and Whole Life)
  • Malpractice Insurance
  • Medical Expense Coverage
  • Personal Injury Protection Coverage
  • Stacking for Recovery
  • Uninsured Motorist Coverage
  • Underinsured Motorist Coverage

Let Mr. Shearer reconcile or guide your litigants to resolve their own disputes through an expeditious, fair and just arbitration or mediation process. You may contact Mr. Shearer via this web site by clicking here or by telephone:

Direct numbers   KY (502) 636-1636     FL (239) 537-4691
                              Cell (502) 551-0818
   
Fax (502) 636-1652
 

legal-precidenceReal Estate Law [2] The two most litigated areas of Real Estate Law are Contract and Foreclosure Law. Real Estate Contract Law is an agreement between a buyer and seller to convey title to a piece of real estate for some form of consideration. Contracts may contain provisions that all disputes shall be resolved through arbitration. The mediation process is also used to resolve disputes between the parties.

legal-precidenceForeclosure Law deals with the rights of the parties when the owner is in default in making lien holder or mortgage payments on a piece of real estate. If the liens are not satisfied, then the lender or lien holder may have the property sold.

The Judge may order or the parties may agree to mediate the dispute as a means to resolve the dispute. Mr. Shearer has extensive broad practical experience in the field of Real Estate Law representing both buyers and sellers, along with lenders and borrowers. He also has developed two subdivisions which give him hands-on knowledge of the inherent problems facing developers, sellers and owners, including zoning laws, financing arrangements, restrictions, and contingencies.

Mr. Shearer is highly qualified as your arbitrator / mediator for a resolution of Real Estate issues, such as:

  • Foreclosures (Financial Modifications Issues Making Homes Affordable: HARP – Refinance; HAMP –Modification; HAFA – Short Sales and Deed-in-lieu of foreclosure)
  • Default Judgments (Collections, Delinquency; and Deficiency)
  • Mortgages and Liens
  • Real Estate Contracts (Residential and Commercial; and Sales and Purchase; Earnest Money Deposit; Terms: Contingencies [Finance, Feasibility and Home Inspection]
  • Ownership (Adverse Possession and Equitable Interest)
  • Deeds (Deeds of Trust)
  • Disclosures
  • Finance Arrangements
  • Interest Rate
  • Leases (landlord/tenant rights [destruction, subletting, intended use, security deposit, taxes, utilities, insurance, condo fees, subordination clause, joint liability, personal guarantee, and obligation and rights of parties]
  • Liens (tax, mortgage, deed of trust, mechanics or judgment)
  • Personal Property, Fixtures and Equipment
  • Property Description
  • Ratification
  • Real Estate Commissions •Representations of Buyers and Sellers
  • Risk of Loss
  • Title Examiners
  • Title Insurance
  • Title Ownership (legal and equitable)
  • Title to Property
  • Zoning Laws

legal-precidenceBroker-Dealer Securities Investment Law: Securities Law governs the sale and purchase of a security (stocks, bonds, options and debentures) issued by entities (corporations and governmental agencies) to evidence ownership. Generally, disputes arise when there is misconduct on the part of one or more of the parties.

Mr. Shearer has the education, broad practical experience and skills to help resolve tough problems in a Broker-Dealer Securities Investment Dispute. He spent more than thirty-eight (38) years practicing law in Federal, State and Local courts; has wide range experience in accounting and management; his tenure as CEO of a small energy company, and his success as an entrepreneur provide him with the skills necessary to arbitrate or mediate financial disputes.

His experience span to the fields of corporate and commercial business law (contracts, mergers and acquisitions), licensing and franchising, investment fraud, litigation, real estate, security transactions (private placements, regulatory compliance matters and disclosure obligations), taxation and estate planning, which provide him with unique credibility among all parties. Mr. Shearer has garnered an in-depth knowledge as a long-term investor and a frequent trader with various brokerage firms. Over the past forty (40) years, Mr. Shearer has managed his personal investments in a diverse range of securities (stocks, bonds and options) by frequently buying and selling as market conditions dictate. As such, he has had experience with investment advisors or stock brokers and brokerage firms. This provides him with broad practical experience and skills to arbitrate and/or mediate misconduct in the sale or purchase of securities.

The Judges may order or the parties may agree to arbitrate or mediate a dispute as a means to resolve it. However, an investment brokerage firm generally provide in its contract with customers that all disputes are to be resolved through the alternative dispute resolution process, including arbitration. Mr. Shearer is highly qualified as your arbitrator or mediator to resolve Broker-Dealer Securities Investment Law disputes.

legal-precidenceWorkers Compensation Law [4] involves a claim for benefits (death, wages, medical expenses and accommodations [partial, and total, temporary and permanent]) when the employee has a work-related injury or disease. The benefits are recoverable from the employer or a second injury fund.

wheelchair-damagesThe Judge may order or the parties may agree to mediate the dispute as a means to resolve it. Mr. Shearer has extensive broad practical experience in the field of Workers’ Compensation representing both plaintiffs and defendants over a span of twenty-five (25) years. His success as an attorney was concentrating on the issues of “credibility” and work-relatedness of the injury or disease of the parties. As such, Mr. Shearer is highly qualified as your arbitrator or mediator for a resolution of Workers’ Compensation Claims.

His experience in this field is as follows:

  • Attorney fees
  • Compensability of benefits, including wages, medical, death and accommodationsComplex injuries such as carpal tunnel syndrome, occupational disease and emotional injuries
  • Death benefits
  • Injury or disease related to 3rd party claims
  • Injury or disease sustained in the course and scope of employment
  • Medical treatment for a work related injury or disease
  • Medical expense incurred as a result of the work related injury or disease
  • Preexisting conditions and/or disease
  • Occupational disease
  • Second injury claims
  • Second injury funds
  • Special fund
  • Uninsured employer fund
  • Work related injury or disease

Let Mr. Shearer reconcile or guide your litigants to resolve their own disputes through an expeditious, fair and just arbitration or mediation process. You may contact Mr. Shearer via this web site by clicking here or by telephone:

Direct numbers   KY (502) 636-1636     FL (239) 537-4691
                              Cell (502) 551-0818
   
Fax (502) 636-1652

Mr. Shearer, a Kentucky Arbitrator and Florida Supreme Court Qualified Arbitrator and a Kentucky Supreme Court Approved General/Civil Family Mediator and Florida Supreme Court Certified Circuit Civil and Family Mediator, is devoted to serving the disputed parties and he is committed to providing meaningful dispute resolution as an alternative to litigation. He believes that parties should be able to make their own decisions and control the resolution during the arbitration or mediation process. He also believes that arbitration is a fair and just alternative to expedite and resolve disputes.

  • Informing participants about the process of arbitration/mediation
  • Adopting a neutral stance with all parties revealing any potential conflicts of interest to the arbitration/mediation
  • Conducting the arbitration/mediation in an impartial manner
  • Confidentiality (mediation), except as agreed to by the parties or except when disclosure is required or permitted by law
  • Abstaining from offering legal advice 

legal-precidence   Footnote References

 

[1] (Law 101 by Brien A. Roche, John K. Roche, Sean P. Roche, chapter 23, insurance, pages 203-208)

 

[2] (Law 101 by Brien A. Roche, John K. Roche, Sean P. Roche, chapter 18, real-estate, 165-175, chapters 15, landlords tenant rights, pages 148-151,chapter 27, liens, pages 228-232)

 

[4] (Law 101 by Brien A. Roche, John K. Roche, Sean P. Roche, chapter 22, workers compensation, pages 196-202)

Dispute Resolution Services:

Arbitration
      
Civil Arbitration
      
Contractual Arbitration
Mediation
      
Circuit Mediation
       • Civil Mediation
       • Family Mediation

Areas of Alternative Dispute Resolution:

Administrative Law Dispute
Appellate Law Dispute
Broker-Dealer Securities Investment Dispute
Condemnation Law Dispute
Contract & Corporate Law Dispute
Commercial Business Law Dispute
Florida Employment Law Dispute
Equine Law Dispute
Family Law Dispute
Foreclosure & Real Estate Law Dispute
Insurance Law Dispute
Tort Law Dispute
Workers Compensation Law Dispute
Benefits:
• Less adversarial than litigation
• Less costly than litigation
• Less formal than litigation
• Much faster than litigation
• Less prolonged anxiety for the parties
• More control over the process

Attention: Attorneys and Firms

line

If you have a case you would like to discuss or are searching for a Kentucky and Florida based Arbitrator or Mediator, who has broad practical experience fill out the form below to find out how Mr. Shearer can assist you with your litigation challenges and caseload, as a 3rd party neutral.

Name:
Email:
Message:
 
line

Download Our Brochure

Click Here To Download Brochure (PDF)

Click Here To Download Brochure (PDF)

W. David Shearer, Jr., J. D.
Kentucky - c/o Regus Group, MET Building, 312 South Fourth Street, Suite 700, Louisville, KY 40202
Florida - c/o Regus Group, 4851 Tamiami Trail North, Suite 200, Naples, FL 34103

Office: Kentucky (502) 636-1636     Florida (239) 537-4691      
  Cell (502) 551-0818               Fax: (502) 636-1652

     
© 2011 W. David Shearer, Jr. All rights reserved

Kentucky and Florida based Arbitrator and Mediator W. David Shearer, Jr. provides alternative dispute resolution services for: Equine Law Disputes, Employment Law Disputes, Family Law Disputes, Contract, Corporate & Commercial Business Law Disputes and Tort Disputes throughout the states of Kentucky and  Florida.  
   
Mr. Shearer offers Arbitration and Mediation services within the Kentucky counties: Anderson |  Bath |  Bell |  Boone |  Bourbon | Boyd | Boyle | Bracken | Breathitt |  Bullitt |  Campbell |  Carroll |  Carter |  Casey |  Clark |  Clay |  Elliott |  Estill |  Fayette |  Fleming |  Floyd |  Franklin |  Gallatin |  Garrard |  Grant |  Greenup |  Hardin |  Harlan |  Harrison |  Henry |  Jackson |  Jefferson |  Jessamine |  Johnson |  Kenton |  Knott |  Knox |  LaRue |  Laurel |  Lawrence |  Lee |  Leslie |  Letcher |  Lewis |  Lincoln |  Madison |  Magoffin |  Marion |  Martin |  Mason |  McCreary |  Meade |  Menifee |  Mercer |  Montgomery |  Morgan |  Nelson |  Nicholas |  Oldham |  Owen |  Owsley |  Pendleton |  Perry |  Pike |  Powell |  Pulaski |  Robertson |  Rockcastle |  Rowan |  Scott |  Shelby |  Spencer |  Taylor |  Trimble |  Washington |  Wayne |  Whitley |  Wolfe and Woodford counties are all in the Eastern Time Zone.  
   
Including the following Kentucky cities: Louisville |  Lexington |  Owensboro |  Bowling Green |  Covington |  Hopkinsville |  Frankfort |  Henderson |  Richmond |  Jeffersontown |  Albany |  Alexandria |  Allen |  Ashland |  Auburn |  Barbourville |  Bardstown |  Bardwell |  Barlow |  Beattyville |  Beaver Dam |  Bedford |  Benton |  Brea |  Brandenburg |  Burkesville |  Burlington |  Burnside |  Cadiz |  Calvert City |  Campbellsville |  Campton |  Caneyville |  Carlisle |  Carrolton |  Cave City |  Central City |  Clinton |  Columbia |  Corbin |  Covington |  Crittenden |  Cynthiana |  Danville |  Dawson Springs |  Dixon |  Dry Ridge |  Eddyville |  Edmonton |  Elizabethtown |  Elkton |  Eminence |  Erlanger |  Evarts |  Flemingsburg |  Florence |  Fort Mitchell |  Fort Thomas |  Franklin |  Fulton |  Georgetown |  Glasgow |  Grand Rivers |  Grayson |  Greenburg |  Greenup |  Greenville | Hardin |  Hardinsburg |  Harlan |  Harrodsburg |  Hartford |  Hazard |  Hickman |  Hindman |  Hodgenville |  Hyden |  Independence |  Inez |  Irvington |  Jackson |  Jamestown |  La Grange |  Lancaster |  Lawrenceburg |  Lebanon |  Leitchfield |  Livingston |  London |  Louisa |  Manchester |  Mayfield |  Maysville |  Middlesboro |  Monticello |  Morehead |  Morganfield |  Morgantown |  Mount Sterling |  Munfordville |  Murray |  Newport |  Nicholasville |  Olive Hill |  Owenton |  Owingsville |  Paducah |  Paintsville |  Paris |  Perryville |  Pikeville |  Pineville |  Prestonsburg |  Princeton |  Providence |  Radcliff |  Richmond |  Russell Springs |  Russellville |  Salyersville |  Sandy Hook |  Scottsville |  Shelbyville |  Shepherdsville |  Simpsonville |  Somerset |  Springfield |  Stanford |  Stanton |  Stearns |  Sturgis |  Talorsville |  Tompkinsville |  Versailles |  Warsaw |  Webster |  West Liberty |  Whitesburg |  Whitley City |  Wickliffe |  Williamsburg |  Winchester  
   
Mr. Shearer offers Arbitration and Mediation services within the Florida Counties of: Alachua  | Brevard  | Broward  | Citrus  | Collier  | Duval  | Hernando  | Hillsborough  | Indian River  | Lee  | Leon  | Orange  | Osceola  | Palm Beach  | Pinellas  | Polk  | Sarasota  | St. Johns  | St. Lucie  and other Florida Counties.  
   
Including the following Florida Cities: Adventura |  Boca Raton |  Bradenton |  Brandon |  Cape Coral |  Clearwater |  Coral Gables |  Coral Springs |  Davie |  Daytona Beach |  Fort Lauderdale |  Fort Myers |  Gainesville |  Hallandale |  Hialeah |  Hollywood |  Inverness |  Jacksonville |  Kissimmee |  Lakeland |  Maitland |  Melbourne |  Miami |  Miami Beach |  Miami Gardens (Carol City-Norland) |  Miramar |  Naples |  North Miami |  North Miami Beach |  Ocala |  Orlando |  Palm Bay |  Palm Beach |  Pembroke Pines |  Pompano Beach |  Port St. Lucie |  Sarasota |  South Daytona |  Spring Hill |  St Augustine |  St. Petersburg |  Stuart |  Tallahassee |  Tampa |  Vero Beach |  Villages of Oriole |  Wellington |  West Palm Beach |  Winterpark |  and other Florida Cities