“If you think adventure is dangerous, try routine. It’s lethal! ~Paulo Coelho Sometimes we can get set in routine ways in our approach to mediation. We write a mediation summary and send it to the mediator. We speak with the client and prepare them for what they can expect in…
I have been participating in mediations, in one way or another, for over thirty years. Although not every mediation has been successful, I always seem to learn something new; either about my case, my clients, or the mediation process itself. Having been on both sides of the table, and since…
In the last few articles, we highlighted the technical aspects of preparing for and succeeding at a mediation. However, there is another valuable component of mediation often overlooked, even if no settlement is reached. Mediation provides you the opportunity as counsel to spend a great deal of “one on one”…
Federal and State Court Judges in Florida order nearly every civil case, whether it is a commercial/ business litigation, a divorce proceeding, or a personal injury claim, to participate in mediation at some point during the life cycle of the case. As routine as this fact may be, lawyers tend…
To start a mediation session with an opening statement from each party, or not; that is the question. As simple as it may sound, deciding whether or not parties should prepare and present opening statements in a mediation session, and what those statements should include, can be a critical choice;…
Mediations often fail because counsel have not taken the time to fully inform their clients on the process and goals of mediation, particularly the proper tone needed for an effective session. Yet, setting the proper tone with the parties before mediation can significantly increase the likelihood of a successful resolution. …
In addition to providing the client a detailed overview of the mediation process, it is incumbent on counsel to prepare the client on how best to achieve the ultimate goal of mediation, a favorable settlement. With this in mind, it is very important for counsel to meet with the client…
March 2017 Parties need adequate information to evaluate the strengths and weaknesses of their own position, as well as the opposing side’s position, to prepare for mediation. In most cases a portion of this information must necessarily come from the opposing party. Some of this information can be obtained through…
Most litigators have experienced that mediation is a virtual certainty in nearly all cases. The question is no longer if, but when. In evaluating options for resolving your client’s dispute, you may ask yourself “when is the right time to mediate this dispute?” Some mediators might tell you it is…
