Mediation is a process of give and take. If your goal is to reach a mutually beneficial settlement, be prepared to bend. A “heads I win, tails you lose” approach is counterproductive. Starting with a reasonable position—rather than one that sets a negative tone from the outset—helps avoid an uphill battle toward resolution. When parties approach mediation thoughtfully and realistically, the process has [...]
Often, parties come to mediation with a great deal of trepidation. Litigation (or even pre-suit activities) wear on clients who are not regular litigants. The majority of cases settle at mediation. And who gets all the thanks? The Mediator. However, it is the attorneys who have positioned the case prior to mediation (to get the [...]
Gibbons | Neuman is pleased to announce that Rod B. Neuman has been inducted into the National Academy of Distinguished Neutrals (NADN). Rod is President and chair of the firm's Mediation and Litigation groups. He focuses his practice on commercial and real property litigation. Rod B. Neuman is also a highly skilled mediator having mediated [...]
We are proud to share that Gibbons | Neuman has been recognized in the 2026 edition of Best Law Firms as a trusted guide to the top-performing legal practices across the country. Now in its 16th year, Best Law Firms evaluates firms across 127 practice areas and 188 jurisdictions, using a rigorous process that includes client feedback, peer reviews, and firm data analysis. This year’s [...]
For me, success means guiding parties toward resolutions that minimize regret and leave them feeling confident about their decisions. Every so often, I’m fortunate enough to receive a heartfelt thank-you. Here’s a recent example: “Just a short word of thanks for assisting us in obtaining closure on the real estate litigation. In all my career-working [...]
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 [...]
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, [...]
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