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 “winning the mediation” is counter-productive and can lead to an impasse in a situation where the case is one that should have settled. Counsel your client ahead of time and get the greatest benefit from mediation.

Rod B. Neuman is a Florida Supreme Court Certified Circuit Court Mediator (also admitted in the United States District Court, Middle District of Florida) and offers these observations based upon his experiences mediating cases throughout the State of Florida.