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15 Tips for a Successful Mediation in Florida

A civil mediator in Miami can help you resolve legal disputes. Mediation saves time, money, and frustration. It keeps legal disputes out of court and provides a better path to resolution. But success in mediation is not automatic. There are several things that can be done that will increase the odds of success when it comes to mediation in Florida. For instance 1. Enter the process with an open mind and expect competitive negotiation. Everyone should be willing to negotiate in good faith but should not be willing to just give in to all demands made by the other party.... Read More

Big Defendants Have an Advantage at Mediation

Big defendants – institutions, insurance carriers, and government entities – have an advantage at mediation over individual or small business plaintiffs. Unlike a small plaintiff whose case is a one and done, a big defendant can spread the risk of an out sized trial verdict over a vast portfolio of cases. The big defendant often retains counsel at a volume discount and can easily afford to file and argue post-trial motions and appeals. This is not to say that a plaintiff should simply accept whatever is offered, but a small plaintiff should be aware that a big defendant has an... Read More

Don’t Negotiate

May 08, 2019 ▪ Francis Carter A mediator has less influence to obtain concessions from an absent party, even if that party is participating by phone or video conference, so avoid at all costs negotiating against an “empty chair,” that is, against a client or client representative who is not physically present. A party who has not bothered to attend the mediation lacks the investment in the mediation process that is made by a party who does attend. Moreover, it is easier for the mediator to influence and obtain concessions from your client who is physically present, placing it at... Read More

Effective Mediation Advocacy Tips

What do your clients hope to achieve at mediation? Economic or other form of JUSTICE. A MONEY settlement – pay minimum or receive maximum amount. CLOSURE – an end to litigation expense, uncertainty, risk, worry, and distraction from more productive pursuits. An APOLOGY – sometimes delivering an apology can pave the way to achieving a settlement. TERMINATION of a relationship – dissolution of a marriage, business partnership, or corporation. REPAIR of a relationship – usually a business relationship. VINDICATION of their conduct or position. EMOTIONAL SATISFACTION – having their “day in court” through simulation, being heard and understood by the... Read More

Mediation and Shareholder Derivative Actions in Florida

No corporation is immune to shareholder derivative lawsuits. Shareholder derivative actions in Florida strike corporations of all sizes and in all industries. These cases may be difficult to navigate, even for attorneys with decades of experience. Shareholder derivative actions in Florida involve a number of parties, as these actions are filed by shareholders who alleged some wrongdoing committed by the corporation. When the corporation fails to act, the shareholders may then bring a suit. For attorneys, alternative dispute resolution has become an effective tool for resolving these actions. Specifically, mediation allows the parties to maintain control over the decisions made... Read More