At the Very Least, Appear at Mediation, Court Reminds
In a recent opinion, the Fifth District Court of Appeal reminds participants and counsel how important it is to at least appear at mediation.
I've been a Supreme Court of Florida-Certified Appellate Mediator since 2001, so I took special notice wh... Read More
We Look Back at UWWM's 2015
January saw the opening of our current West Palm and Miami offices bringing the number of our South Florida conference rooms to 21. I have enjoyed working in our West Palm, Plantation, and Miami offices and look forward to being there more frequently... Read More
The Power of Principle, Part 2
Under the circumstances, my ethical and professional obligations are obvious, at least to me; confront the immovable forces with a discussion which assures that the decision-making is informed. This means (1) Trying to get the parties what they want;... Read More
The Power of Principle, Part 1
I recently had the pleasure of moderating UWWM’s webinar, “The Seven Deadly Sins in Business Negotiation” featuring UWWM’s neutral Judi Lane. I was very happy to do so. I had previously mediated for Judi many times and had great respect for her as an... Read More
How Does Class Action Insurance Work?
In cases where a defendant is concerned about the financial impact of a settlement, accounting implications, or the risk going forward, we recommend engaging a specialty risk consulting firm to assist in providing a quantitative and qualitative analy... Read More
Wrapping up a Hot Summer with a Cool JADC Retreat
I recently had the pleasure of attending the 2015 annual retreat of the Jacksonville Association of Defense Counsel at the Ritz Carlton on Amelia Island. Not only was the location a treat, but also the program, moderated by Boyd & Jenerette appellate... Read More
What's New and Promising in Class-Action Mediation?
Basic goals in any class action include reaching broad relief for the class and finality for the defendant. The relief must be fairly noticed, claim-available and fair in relation to the multiplicity of claimants. One newly created instrument for aff... Read More
Jury Duty With a Mediator Mindset, Part 6: Conclusion
Not only did I have the opportunity to see how a jury values a particular case, but also I gained insight into their thinking and decision making. Some of my assumptions were shaken; others were confirmed. I was concerned about the actual size of the... Read More
Jury Duty With a Mediator Mindset, Part 5: Jurors’ Interviews
I was released from the jury just prior to its retiring to deliberate the verdict. I was terribly disappointed that I was not going to continue to participate in a process I had talked about for years in mediation. However, I did maintain contact wit... Read More
Jury Duty With a Mediator Mindset, Part 4: Damages
The jury’s methodology for determining damages was the most surprising aspect of the trial. The plaintiff’s lawyers submitted evidence showing the medical bills incurred by the plaintiff as a result of the injury were $95,000. The defense asserted so... Read More
