Often, parties come to mediation with a great deal of animosity toward the other side. This frequently results in a request that there be no opening session. I am a big proponent of opening sessions in which the parties can hear the factual and legal positions directly from the other side, in a conversational manner, rather than just hearing it from their own attorney. My recommendation is that counsel prepare their clients for openings and allow the general session to move forward.

Rod B. Neuman is a Florida Supreme Court Certified Circuit Court Mediator (also admitted in the United States District Court, Middle District of Florida) and offers these observations based upon his experiences mediating cases throughout the State of Florida.