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What is Mediation? Breaking the Impasse   In this series principal Rodney A. Max discusses "breaking impasse” as it relates to closing the deal. In complex... Read More

In Support of a Fair, Impartial Judiciary We have been active supporters for years of the Florida Supreme Court Historical Society.  The Hon. Ben Overton, former Chief Justice, is a member of... Read More

Florida Bar's Campaign to Educate Voters When Florida voters go to the polls this November to pick a president, they’ll also be asked to decide on races that will get much less fanfare: whether to retain three Florida Supreme Court justices and 15 appellate court justices in various regions... Read More

Thinking Fast and Slow ~ Part II   Thinking, Fast and Slow by Daniel Kahneman (Farrar, Straus and Giroux 2011)* “Slow down, you move too fast. You got to make the morning... Read More

Should plaintiffs’ counsel always insist an adjuster with full authority attend? Mediations, as with so much of life, involve relationships.  I do believe that mediating with all of the important people present is a best... Read More

How does the mediator make sure the person has authority to settle? While the mediator can ask about authority, the mediator can’t “make sure”.  The person at the mediation may have sufficient authority, or may not... Read More

ABOUT APOLOGIES ~ PART II “Never apologize and never explain – it’s a sign of weakness.” John Wayne “An apology is the superglue of life. It can repair just about anything.” Lynn Johnston With all due respect to The Duke, I don’t think he ever tried to mediate a lega... Read More

New Florida Lawyers – Can we Talk?
New Florida Lawyers – Can we Talk? I attended the 5th DCA swearing-in ceremony on Tuesday, May 8 and The President of The Florida Bar, Scott Hawkins, asked me to address the group on... Read More

When one party does not act in good faith
When one party does not act in good faith We hear this often from counsel and clients: “They are not negotiating in good faith.” Typically it reflects a frustration with the negotiation strategy or evaluation of the claim by the opposing party. Read More

How does a party ensure that opposing party is serious about mediation?
How does a party ensure that opposing party is serious about mediation? You can never really be sure that the other side is taking the mediation as seriously as you are, but you can increase the likelihood that they take... Read More

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