Mediation

Mediation: Splitting the Split

2022-03-31T16:54:26-04:00

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

2021-09-10T09:01:14-04:00

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

2021-07-07T13:16:07-04:00

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

2021-06-10T08:56:53-04:00

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

2021-04-09T11:11:40-04:00

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

2020-12-14T13:09:45-05:00

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

Mediation Tips- Attorney’s Fees

2020-10-05T09:32:03-04:00

When mediating a case in which attorney’s fees and costs are available to the prevailing party, each side should come to the mediation with an up-to-date accounting of their attorney’s fees and costs. Failing to have an up-to-date accounting will often “tilt” the other side who may have come to the mediation in good faith, [...]

Mediation Tips- Attorney’s Fees2020-10-05T09:32:03-04:00

MEDIATION SETTLEMENT AUTHORITY

2020-08-18T09:16:49-04:00

We often hear the phrase “settlement authority” at mediation. What does this really mean? Florida Rule of Civil Procedure 1.720(b) requires (unless otherwise permitted by the Court or stipulated by the parties, in writing) the following to attend mediation: (1) a party or a party representative having full authority to settle without further consultation, (2) [...]

MEDIATION SETTLEMENT AUTHORITY2020-08-18T09:16:49-04:00

Breaking the Mediation Impasse

2020-07-20T14:08:58-04:00

It’s late in the day and the mediation negotiations have stalled. What do we do; give up or push on?  The following are some of my solutions for “Breaking the Impasse”:   Challenge the parties on their positions. Are they being reasonable?  Are there  better alternatives to declaring an impasse to the mediation?  Ask the [...]

Breaking the Mediation Impasse2020-07-20T14:08:58-04:00

Mediation Tip- Managing Client Expectations:

2020-02-19T10:11:29-05:00

When I serve in my role as mediator, I typically have private sessions with the clients and their attorneys before the general session. When I discuss compromise and the reasons why it makes sense, I sometimes see quizzical or even angry looks on the faces of the parties. This tells me that the client has [...]

Mediation Tip- Managing Client Expectations:2020-02-19T10:11:29-05:00
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