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…
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..
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…
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…
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…
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…
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…
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.
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…
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…