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Mediation Q&A


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Pre Mediation Caucuses in Multiple Party Cases In recent weeks I have encountered huge success in designing mediations through the use of strategic pre-mediation communications.  In particular, I... Read More

Why I Became a Mediator I decided to become a mediator because I felt I was truly called to the profession. I have a passion for helping people evaluate their options, solve their problems.. Read More

Should I use demonstrative aids such as exhibit boards and PowerPoint in the opening session? Demonstrative aids can be powerful.  While trial prep ready discovery isn't always needed before mediation (it rarely is), I think trial quality... Read More

Calling on Leadership In this series principal Rodney A. Max discusses "breaking impasse" as it relates to closing the deal. In complex cases (including mass torts... Read More

How can a plaintiff make separate, confidential offers to multiple defendants represented by the same attorney? This is essentially an ethics question.  Under Rule 4-1.7 (a), Florida Rules Regulating the Florida Bar, a lawyer shall not represent a client... 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

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

Do Florida Courts have a mandatory mediation program or practice and if so, is it successful?
Do Florida Courts have a mandatory mediation program or practice and if so, is it successful? We continue our Q&A supplement to our recent webinar, The Ten Most Common Questions Asked About Mediation   with this submission from Kim... Read More

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