Mediation and Arbitration

“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…

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. …