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 [...]
We’re proud to share that Rod B. Neuman has once again been named to the 2025 Florida Super Lawyers list in the area of Alternative Dispute Resolution; we are thrilled to see his work receive continued recognition.
Do you have a case that is bogged down? No one wants to move it forward (for any number of reasons) but you have case management deadlines looming? Consider mediating the case. There may be other forces at play which are causing the case to become stagnant. Mediation with a thoughtful mediator often brings fresh [...]
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, [...]
Elizabeth “Liz” Allen, JD, LLM, has been with Gibbons | Neuman firm and practicing law for 35 years and focuses on people concerned with losing financial security and quality of life due to the cost of long-term health problems and disabilities. Liz’s primary areas of practice are Elder Law and Estate Planning. Rod Neuman has been [...]
The Standard FAR/BAR Contract requires that the parties attempt to resolve disputes through mediation before a lawsuit can be filed. In the recent case of Pesantes v. Kelley, 2025 WL 611399 (Fla 3DCA 2025), the Florida Third District Court of appeal denied the Seller’s right to attorney’s fees because of the failure of the parties [...]
No one “wins” the mediation. Mediation is a process of give and take. To get a case settled, the parties must be prepared to bend. In other words, come off what their expectations were before getting to mediation. The benefit, of course, is certainty which you don’t have going to trial. Getting caught up in [...]
Are you stuck in negotiations at mediation? Suggest that the mediator make a Mediator’s Proposal. Based upon the negotiations to that point, the mediator is often in a unique position to propose a settlement that, as we say in mediation, makes everyone at least a little bit unhappy. The mediator proposes a settlement. Each side [...]
You show up for mediation and the other side shows up with a family friend, an expert or any other non-party. You object saying they are not a party, counsel or insurance company representative. What do we do? This happens fairly frequently, and my response is, are we better off and more likely to reach [...]
Whether you are a Homeowner (either in a homeowner’s or condominium association) or an Association representative, it is well worth your time to prepare for a statutorily required pre-suit mediation. Pre-suit mediation is required for most disputes under Section 720.311(2)(a) (the “HOA Statute”) and Section 718.1255(4) (the “Condo Act”), Florida Statutes. As the Association representative, [...]
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