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 …
Trenam’s Mediation Newsletter: Using Mediation to Expand Relationships
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 …
Trenam’s Mediation Newsletter: Pumping Up or Deflating Damages for Mediation
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 …
Trenam’s Mediation Newsletter: Opening Statements at Mediation
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 …
Trenam’s Mediation Newsletter: Setting the Tone for Mediation
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 …
Trenam’s Mediation Newsletter: Analyzing Settlement Parameters in Advance
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 …
Pre-Mediation Exchanges of Information
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 …
Timing of a Mediation
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 …