Category Archives: Mediation

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

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 Techniques to Help Your Clients Settle Their Florida Cases

Florida mediation has proved successful in a vast array of cases, ranging from emotional custody battles to complicated environmental disputes. A successful mediation requires the efforts of the parties, their attorneys, and the mediator. To increase the likelihood of success in a Florida mediation session, there are several steps you may take. Typically, you speak for your client. In the courtroom, your clients usually do not have much opportunity to share their stories with the judge and jury, aside from the questions you ask while they are on the witness stand. In mediation, however, your clients have the chance to... Read More

Preparing for Mediation in Florida

Many Florida attorneys perceive mediation as just another step on the way to a trial. However, mediation should be treated as if it were a trial, since the outcome of the case is at stake and since a case is far more likely to be resolved at mediation than by means of a trial. You should study your entire file as you begin preparing for mediation in Florida. Be sure to review all pleadings, discovery, motions, deposition transcripts, notes, and other items that you have in your possession. Chances are, there may be a detail or two that you have... Read More

Business Clients and Mediation in Florida

Although mediation in Florida lawsuits has been successful in various areas of law, as an attorney, it is important to know how to maximize the benefits that mediation provides.  Some clients and cases lend themselves better to the mediation process than others.  Understanding when mediation is most beneficial for your cases will strengthen your attorney-client relationships and boost the reputation of your practice. When business disputes occur, it is important to act quickly.  Typically, the more time that passes after a dispute, the angrier the parties become, and the more difficult it will be to reach a settlement in the... Read More