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, [...]
Elizabeth “Liz” Allen, JD, LLM, has been with Gibbons | Neuman firm and practicing law for 35 years and focuses on people concerned with losing financial security and quality of life due to the cost of long-term health problems and disabilities. Liz’s primary areas of practice are Elder Law and Estate Planning. Rod Neuman has been [...]
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 [...]
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 [...]
Are you stuck in negotiations at mediation? Suggest that the mediator make a Mediator’s Proposal. Based upon the negotiations to that point, the mediator is often in a unique position to propose a settlement that, as we say in mediation, makes everyone at least a little bit unhappy. The mediator proposes a settlement. Each side [...]
You show up for mediation and the other side shows up with a family friend, an expert or any other non-party. You object saying they are not a party, counsel or insurance company representative. What do we do? This happens fairly frequently, and my response is, are we better off and more likely to reach [...]
Whether you are a Homeowner (either in a homeowner’s or condominium association) or an Association representative, it is well worth your time to prepare for a statutorily required pre-suit mediation. Pre-suit mediation is required for most disputes under Section 720.311(2)(a) (the “HOA Statute”) and Section 718.1255(4) (the “Condo Act”), Florida Statutes. As the Association representative, [...]
Most parties, especially first timers, come to mediation with a great deal of trepidation. A well-timed joke may help put the parties at ease. A party may feel that “this is not a laughing matter.” Timing is everything with jokes and, of course, you must know your audience. I use humor often in mediations to [...]
You have forwarded your mediation summary to the mediator. You have prepared your client for mediation. Everyone is at the mediation and the mediator has gone over the rules governing mediation. What’s next? Opening statements. Too often, litigators use opening statements to convince the other side that they have no case. They highlight the strengths [...]
Saw the following on a t-shirt, “People who think they know everything are really annoying to those of us who do.” This meme, obviously meant to be funny, has strategic relevance for mediation. Very often at mediation, one party or the other is so convinced of their position that they cannot or will not hear [...]
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