Florida Mediator Ponders Whether Sides Should Tell All

As a member of The Florida Bar since 1994, Sandy Upchurch has a broad base of litigation experience that allows her to effectively mediate a wide range of disputes. To schedule a mediation with Sandy, please visit our online scheduling page or call her case manager, Mary Lou Struble, at 800-264-2622.

Florida Mediator, Jude-Elect Sandy Upchurch Sandy Upchurch

Is it better during mediation to just be straightforward about where you would like to end up or is it better to ease into it?

Sandy Says:
I believe it is better to ease into it. I think that a certain amount of processing needs to be done by the parties and that processing is cut short by putting it all out there at the very beginning of a mediation.

Sometimes being straightforward pays off at the beginning of pre-mediation if you have already engaged your opposing counsel in settlement negotiations, but that is the only scenario where I would recommend cutting to the chase very early. There is always a time in the mediation where putting it all out there is appropriate but I would suggest waiting and even asking your mediator what he/she thinks about the timing for that in a specific mediation setting. As an aside – I generally do not like to know the parties’ bottom lines. I prefer being as in the dark as your opposing side is.

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