Taking a line from one of my favorite movies, Cool Hand Luke, starring my uncle, Paul Newman (he didn’t know how to spell his last name), “what we’ve got here is a failure to communicate.”  Communication is the key ingredient to a successful mediation. Far too often, parties or their counsel want to withhold information that may lead to a settlement. This may be for good reason but many times, it can be interpreted as posturing.  Take a careful look at your case before going to mediation and be prepared to offer as much information as possible to give the mediator the best opportunity to get your case settled.

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.