Mediation

When mediating a case in which attorney’s fees and costs are available to the prevailing party, each side should come to the mediation with an up-to-date accounting of their attorney’s fees and costs. Failing to have an up-to-date accounting will often “tilt” the other side who may have come to the mediation in good faith, [...]

We often hear the phrase “settlement authority” at mediation. What does this really mean? Florida Rule of Civil Procedure 1.720(b) requires (unless otherwise permitted by the Court or stipulated by the parties, in writing) the following to attend mediation: (1) a party or a party representative having full authority to settle without further consultation, (2) [...]

It’s late in the day and the mediation negotiations have stalled. What do we do; give up or push on?  The following are some of my solutions for “Breaking the Impasse”:   Challenge the parties on their positions. Are they being reasonable?  Are there  better alternatives to declaring an impasse to the mediation?  Ask the [...]

When I serve in my role as mediator, I typically have private sessions with the clients and their attorneys before the general session. When I discuss compromise and the reasons why it makes sense, I sometimes see quizzical or even angry looks on the faces of the parties. This tells me that the client has [...]

In mediation, getting the case settled is only half the battle. I always say the devil is in the details. Once you have a settlement in principle, it must be reduced to writing (the “Mediated Settlement Agreement”). Once all the parties have signed, we have a binding agreement. I make it a practice to show [...]

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 [...]

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, [...]

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 [...]