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 [...]
Everyone here at Gibbons | Neuman wishes you and yours a safe and Happy Thanksgiving. “The heart that gives thanks is a happy one, for we cannot feel thankful and unhappy at the same time.” — Douglas Wood
“Honor to the soldier and sailor everywhere, who bravely bears his country’s cause. Honor, also, to the citizen who cares for his brother in the field and serves, as he best can, the same cause.” — Abraham Lincoln Happy Veteran's Day from Gibbons | Neuman
“Have you come to sing pumpkin carols?” Linus, It’s the Great Pumpkin, Charlie Brown. Have a safe and happy Halloween...and turn back your clocks one hour.
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, [...]
There is good news for clients with family members or other beneficiaries who are disabled or chronically ill. The Setting Every Community Up for Retirement Enhancement (SECURE) Act was integrated into the Further Consolidated Appropriations Act of 2020. The SECURE Act has been big news in the special needs planning community, as it carved out [...]
"All labor that uplifts humanity has dignity and importance and should be undertaken with painstaking excellence." — Martin Luther King Jr. Everyone here at Gibbons | Neuman wishes you and your family a safe and happy Labor Day weekend.
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) [...]
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 [...]
Gibbons | Neuman wishes everyone a happy Fourth of July! Stay safe and stay healthy. “Liberty, when it begins to take root, is a plant of rapid growth.” —George Washington
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