Mediation

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]