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Deal Makers and Breakers

Kimberly Sands, a Florida mediator and shareholder with Upchurch Watson White & Max, writes about effective negotiation and being successful in mediation.
Articles in this category:

FirstBack1211-19 of 19
5 Tips for Strategic Negotiation
5 Tips for Strategic Negotiation Recently, I addressed members of the Florida Justice Association at its annual Workhorse Conference in Orlando, Fla. The presentation was titled “Deconstructing Mediation: Finding Leverage and Maintaining Tactical Advantage in Mediation.” The confere... Read More

Return to Civility: How to Communicate More Effectively in Today’s Professional Environment
Return to Civility: How to Communicate More Effectively in Today’s Professional Environment I recently had the great pleasure of joining Donna DeVaney Stockham, a principal with Stockham Law Group, and Michael Parker, a shareholder in the law firm of Marshall Dennehey Warner Coleman & Goggin, in a panel discussion titled “Return to Civility... Read More

Getting to a Decision-Maker; What's Changed Since Rule 1.720(e), Fla. RCiv. Pro.?
Getting to a Decision-Maker; What's Changed Since Rule 1.720(e), Fla. RCiv. Pro.? I don’t think anyone expected Rule 1.720(e), to resolve all issues concerning authority to settle at mediation. The Rule requires the service of a statement executed by counsel or a party identifying the representative attending the mediation on its ... Read More

Mediator: Unfolding NFL Events Point to a Way Everyone Can Win
Mediator: Unfolding NFL Events Point to a Way Everyone Can Win Watching the NFL, ESPN, and other news agencies stumble through the Ray Rice incident and the mayhem that has ensued ironically may demonstrate how useful a professional neutral can be in many situations that don’t present as traditional “disputes.” ... Read More

Florida Mediator Asks: Does Jury Verdict Research Have Any Role?
Florida Mediator Asks: Does Jury Verdict Research Have Any Role? For decades there have been databases that purport to predict settlement and jury verdict values based on known factors – liability, injury, expense, disability, venue, etc.; however, most practitioners feel there has never been a methodology more re... Read More

Florida mediator takes fresh look at domesic-violence perspectives
Florida mediator takes fresh look at domesic-violence perspectives In Florida, all certified mediators must take a course in domestic violence every two years to satisfy our continuing education requirements. I have to say it irritates me to no end. Every two years? Can’t I take a test and opt out of it? Really, I g... Read More

Florida Mediator Kimberly Sands Asks, "What Is 'Lean In'?"
Florida Mediator Kimberly Sands Asks, "What Is 'Lean In'?" Lean In is the brain child of Facebook COO Sheryl Sandberg. Anyone who has not seen her TED Talk on YouTube should do so as it succinctly states the mission of the book and the groups that have developed in response to the book. There are other effec... Read More

Florida Mediator Looks Back at Florida Bar's Annual Convention
Florida Mediator Looks Back at Florida Bar's Annual Convention Among the usual substantive committee meetings and topics were programs on how older attorneys can downsize their practices, advice for young attorneys establishing their practices, and programs on diversity, including race and gender. I was lucky en... Read More

Florida Mediator Advises Looking Forward in Negotiation It’s difficult to reflect back on a contract or transaction that has gone south and not think of what could have been done to prevent this outcome. Hindsight almost always reveals some language or action that could have been different, but looking ba... Read More

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