In a trial, it is the jury that has the power to give your client what it wants. A savvy trial lawyer will treat the jury with the utmost respect and exploit every opportunity to communicate cogently and tactfully with the jury on behalf of their client. In mediation, however, it is the opposing party who has the power to give your client what it wants, so in mediation, the opposing party becomes your jury. Keep this in mind before agreeing to waive the opening statement! Adopt a tactful and respectful tone when speaking to the other side. Always remember,... Read More

We are all familiar with formal mediation procedure: a joint opening session followed by caucus bargaining from separate rooms with the mediator as go-between. But in some cases there is no meaningful dispute as to the material facts or applicable law; only as to the amount to be paid to settle the case. In those cases, where direct negotiations between counsel prove unsuccessful, a mediator can simply negotiate with counsel by phone or video conference without actually convening a mediation conference. This informal procedure is typically slower but less costly than a formal mediation conference and can be equally effective.... Read More

Each party to a settlement gives value to the other. Often this value consists of more than simply delivering a check, trading releases, and dismissing claims. For example, settlement terms may also include payments over time, payments in kind or in services, default remedies, indemnities, asymmetrical consideration, and non monetary covenants. An experienced mediator knows how to package the value your client is willing to offer or accept in a way that the offeree will find attractive, and, as the mediation process unfolds, the mediator will gain specific insights as to what each party needs and values most. So call... Read More

Nobody enters the decision to file bankruptcy lightly. Filing bankruptcy can have long-term consequences for a business and creditors may be worried about whether they will receive payment for unpaid debts. Bankruptcy mediation can provide much-needed relief to businesses that are struggling financially during this difficult time. Here are the essential things you should know about Chapter 11 bankruptcy: You Can Continue Operating Your Business After a Chapter 11 Bankruptcy Filing One of the most important aspects of filing for Chapter 11 bankruptcy protection is that you can continue to run your business while your case is pending. Judgment creditors... Read More

If you are involved in a Ft. Lauderdale business dispute, mediation could be the key to resolving the matter as efficiently as possible. Mediation provides benefits in a variety of legal matters, but it is especially useful when it comes to business disputes. Business professionals face legal issues all the time. Unfortunately, these matters take time, money, and other resources. These are resources that would be better spent elsewhere. Resolving legal issues as quickly as possible is essential to success. Mediation offers a tool for settling business disputes in the best possible way. It not only saves time and money,... Read More