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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.
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Getting Into and Out of Impasse: What to Do in the 5 Most Common Scenarios
Getting Into and Out of Impasse: What to Do in the 5 Most Common Scenarios UWWM Principal Kimberly Sands spoke at the Florida Justice Association’s Workhorse Seminar earlier this year. "It’s something I’ve done many times over the years, even before I began my mediation practice 16 years ago," she writes. "This year the top... Read More

Part 2: The Wrong for Which There Is No Legal Remedy
Part 2: The Wrong for Which There Is No Legal Remedy A plaintiff in an institutional child sexual assault case had argued that his claims were timely under the doctrine of equitable estoppel. In rejecting this argument the court reasoned that, in order to find that the defendant was equitably estopped ... Read More

The Wrong for Which There Is No Legal Remedy
The Wrong for Which There Is No Legal Remedy Numerous courts around the country have applied the delayed discovery doctrine to cases alleging childhood sexual abuse where the emotional response resulting from childhood molestation, “often coupled with authoritative adult demands and threats for... Read More

Part 2: Trial May Be a Rarity, but Trial Lawyers Are Not
Part 2: Trial May Be a Rarity, but Trial Lawyers Are Not Part 2: In its analysis, the Court concluded that there was no showing or finding that without the prospect of a multiplier to an otherwise reasonable fee award, the Plaintiffs would have had difficulty finding competent counsel. The court held that ... Read More

Part 1: Trial May Be a Rarity, but Trial Lawyers Are Not
Part 1: Trial May Be a Rarity, but Trial Lawyers Are Not As noted by the Court, the facts of the case are pretty straightforward. The insured homeowners suffered a loss when a refrigerator water line broke and caused some flooding inside their house. They sought coverage from their insurer under their prop... Read More

Proposals for Settlement: Their Role, Sanctions, and Whether Time to Decide Can Be Enlarged by Court
Proposals for Settlement: Their Role, Sanctions, and Whether Time to Decide Can Be Enlarged by Court Every now and then some of your failures come back to humble you. Little did I know that after 15 years mediating cases, my 25 years as a civil litigator would result in a conflict case that may go to the Supreme Court of Florida. That may happen in... Read More

Dismissal Without Reserving Enforcement Rights May Limit Parties’ Recourse Under Rule 1.730
Dismissal Without Reserving Enforcement Rights May Limit Parties’ Recourse Under Rule 1.730 In a case that just keeps coming back, like a nightmare or a bad penny -- depending on your perspective -- the Fourth District Court recently weighed in on two “settlement” related subjects that happen every day throughout Florida and elsewhere, with... Read More

The Power of Principle, Part 2
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
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

Wrapping up a Hot Summer with a Cool JADC Retreat
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

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