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
Do You Need a Settlement Counselor in Florida?
Settlement counselors in Florida advise attorneys on various settlement strategies in their cases, as well as how they should conduct their settlement negotiations. Settlement counselors in Florida deliver valuable insight into a case, often providing counsel with new perspective into settlement opportunities the attorneys may have overlooked. Settlement counselors in Florida provide valuable assistance to trial counsel both in direct negotiations with opposing counsel and in preparing for and conducting negotiations at a mediation. Having an experienced mediator engaged as a settlement counselor to work hand in hand with trial counsel gives a party a huge advantage at a mediation.... Read More