Pre-Suit Homeowner and Condominium Association Mediations


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, [...]

Pre-Suit Homeowner and Condominium Association Mediations2023-05-30T13:41:00-04:00

Humor at Mediation


Most parties, especially first timers, come to mediation with a great deal of trepidation. A well-timed joke may help put the parties at ease. A party may feel that “this is not a laughing matter.”  Timing is everything with jokes and, of course, you must know your audience.  I use humor often in mediations to [...]

Humor at Mediation2023-01-23T08:49:07-05:00

Mediation: Opening Statements


You have forwarded your mediation summary to the mediator. You have prepared your client for mediation. Everyone is at the mediation and the mediator has gone over the rules governing mediation. What’s next? Opening statements. Too often, litigators use opening statements to convince the other side that they have no case. They highlight the strengths [...]

Mediation: Opening Statements2022-08-05T12:58:50-04:00

Empathy at Mediation


Saw the following on a t-shirt, “People who think they know everything are really annoying to those of us who do.”  This meme, obviously meant to be funny, has strategic relevance for mediation.  Very often at mediation, one party or the other is so  convinced of their position that they cannot or will not hear [...]

Empathy at Mediation2022-06-21T14:01:10-04:00

Mediation: Splitting the Split


In most mediations, the real issue is dollars and cents. During the mediation process, offers will be exchanged, often with a statement of one party’s legal position as a justification for why the other party should accept the offer. As the day goes on, the numbers get closer and the parties generally become weary of [...]

Mediation: Splitting the Split2022-03-31T16:54:26-04:00

Mediation Mistakes: Overly Aggressive Counsel


The purpose of mediation is to get the case settled, stop the bleeding (i.e. attorney’s fees and costs) and allow clients who are not regulars in the courtroom to take their lives back. The General Session usually begins with the attorneys giving their opening statements. In the opening statement, counsel will present his or her [...]

Mediation Mistakes: Overly Aggressive Counsel2021-09-10T09:01:14-04:00

Attorney Rod Neuman Selected Top Rated Mediator


Gibbons | Neuman is proud to announce that firm President, Rod B. Neuman has been selected as a Top Rated Dispute Resolution Attorney by Super Lawyers.  Mr. Neuman mediates cases throughout the state of Florida and is certified in all Florida circuit courts in addition to the United States District Court for the Middle District of Florida. [...]

Attorney Rod Neuman Selected Top Rated Mediator2021-07-07T13:16:07-04:00

Mediation Mistakes- Failing to narrow the issues


When lawsuits are filed, Plaintiffs often plead a variety of causes of action (throwing in the “kitchen sink”) and Defendants who are being sued often respond in kind. At some point in the case, the parties will be referred to mediation or will agree to do it on their own. In my experience, the first [...]

Mediation Mistakes- Failing to narrow the issues2021-06-10T08:56:53-04:00

Mediation: Violation of Confidentiality Provision


So the settlement agreement has a confidentiality provision. Nobody really pays attention to that right?  Think again. In the case of Gulliver Schools v. Snay, 137 So.3d 1045 (Fla. 3DCA 2014),  the Third District Court of Appeal held that the former headmaster who sued the school and reached a settlement could not recover the remaining [...]

Mediation: Violation of Confidentiality Provision2021-04-09T11:11:40-04:00

Mediation Mistakes: Client Statements


Most mediations begin with a general session. In the general session, the parties and their attorneys are present and the attorneys will present their client’s case through an opening statement. They will present their client’s case in a light most favorable to their client. I typically warn the parties in advance of this and advise [...]

Mediation Mistakes: Client Statements2020-12-14T13:09:45-05:00
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