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 [...]
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 [...]
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