Mediation Summaries

Mediation has many components.  The Attorney’s mediation summary is an invaluable tool to the mediation process. Not only does the summary focus on the critical issues, but it can save your client time and money. Often, counsel will submit copies of the pleadings with a statement that the issues are self-explanatory. That’s great, but if […]

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Managing Expectations in Mediation

As part of my mediation “pre-game speech,” I always advise parties that, if the case is going to settle, the Plaintiff will inevitably accept less money than they thought coming in and the Defendant will pay more. Parties often tell me “that is my bottom/top line.” I often have to tell parties; “I hear you, […]

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Non-Parties Attending Mediation

In a situation which happens more often than you might think, a party will show up at mediation with a friend, neighbor or relative who is not affiliated with the litigation or dispute. “Do you mind if my neighbor joins us? I could really use the moral support.” The question inevitably arises as to whether […]

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Attorney/Mediator Rod Neuman Discusses Mediation with Real Estate Agents

Gibbons | Neuman Attorney/Mediator Rod Neuman presented to a group of eager, inquisitive real estate agents at Keller Williams Grand Central on the subject of mediation.  The topic is very pertinent for realtors because of the mandatory mediation provisions contained in most residential real estate contracts. The group had an informative discussion as exemplified by […]

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Tips for Mediating a Business Divorce

Mediating a business divorce is the corporate equivalent to a marital dissolution of marriage. Emotions typically run very high. Please consider the following tips in preparation for mediating your next business dispute. First, consider the emotions of the parties. Attempt to temper the emotions prior to mediation. If you can talk your client off the […]

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Wait, I thought we settled?

As a mediator, one of the last things I want to see is the parties reaching a verbal settlement, but leaving without signing an agreement.   As we all know, nothing is binding until the agreement has been signed. Some of the most common reasons for failed settlements involve travel plans. There is nothing worse than […]

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Parties’ Right of Self-Determination in Mediation

Mediator Rule 10.310 provides: Rule 10.310. Self-Determination (a) Decision-Making. Decisions made during a mediation are to be made by the parties. A mediator shall not make substantive decisions for any party. A mediator is responsible for assisting the parties in reaching informed and voluntary decisions while protecting their right of self-determination. (b) Coercion Prohibited. A […]

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Mediation: Can I be sanctioned?

Court-ordered mediation is generally covered by Section 1.720-1.750, Florida Rules of Civil Procedure. The parties (or their representatives) with full authority to settle, a representative from an insurance carrier with full authority to settle and the party’s counsel of record are required to appear unless other appropriate agreements are otherwise obtained. So, mediation has been […]

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Mediation Mistakes- Part III:

Whether you are a party to a lawsuit or the attorney representing one of the parties, a very common mistake is failing to draft a settlement agreement in advance of the mediation. The case may or may not settle at the mediation, but if it does, no one wants to sit around for several hours […]

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