Navigating the COVID-19 pandemic has been a challenge for everyone. This is especially true for those involved in business disputes or dealing with legal challenges, in general. The virus has been an unprecedented disruption and those involved in legal matters have been forced to find new ways of dealing with their situations. One of the most effective tools during this time has been business mediation. How can business mediation help you navigate the COVID-19 outbreak and how is mediation different now than it was a few months ago? Generally, there are five factors to consider when it comes to conducting... Read More
5 Ways to Avoid and Resolve Partnership Disputes
A partnership is a great business opportunity. It means you will have twice as much support behind the business than you would in a sole proprietorship, but you will still enjoy all of the benefits of a smaller company. But even though only two people will be at the helm, making it easier to move forward with decisions and compromise on ideas, disputes can still arise. What are five ways you can avoid and resolve business partnership disputes efficiently and effectively? Create a Detailed Written Agreement One of the first things you should do when you decide to launch a... Read More
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