The healthiest way to determine home plate is for the parties to negotiate toward it. The good faith negotiating that brings the parties to the ballpark can, likewise, bring them home. The key to this negotiation is mutuality, and the give and take of negotiation creates that sense of mutuality. Black’s Law Dictionary defines it as “reciprocation; interchange. An act by each of two parties; and acting in return.” Where parties act with mutuality, they are able to not only interchange and reciprocate, but also resolve. They can “trot home.”Read More ›
Money is often at the heart of the discussion between a wife and husband who are divorcing. Mediation can offer advantages, but a divorce attorney must know how to bring the parties to the table. Here are a couple of ideas from Sandy.Read More ›
Sometimes, in the business world, mediation presents another invaluable opportunity – the chance for the respective decision-makers to talk directly to one another under the shroud of mediation confidentiality and privilege.
Provided the parties have their emotions in check, I will sometimes ask the principals of corporate parties to meet privately, while I serve primarily as a “fly on the wall”.
At first it appears 773.02 provides all inclusive protection for the equine facility, owners and professionals. However, there is a hole in 773.02 large enough to drive a van of lawyers through. The five words “Except as provided in s. 773.03” practically shreds all the protection afforded in detail in the remainder of the statute.Read More ›
By John Upchurch
Mediated Case Management, as designed by Florida mediator Larry Watson, is an innovative program for getting participants in complex, multiparty, multi-issue lawsuits quickly focused on the core disputes making up the overall conflict.Read More ›
In October, I was asked by The Florida Bar Young Lawyers Division, specifically, Young Lawyers Division President Melanie Griffin and my Clearwater colleague Zack Zuroweste, to present to Florida’s young lawyers a lunchtime Webinar on the topic of mediation advocacy and the styles of mediation advocacy that are productive and those that are not. We intentionally individualized and customized the presentation by asking those who registered to send us their questions on the topic in advance of the webinar. We were thrilled when we saw the webinar registrations exceed 900 young lawyers and were blown away when we learned that more than 100 of those registered sent us a question. Our allotted webinar time was only 50 minutes so we…Read More ›