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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


Question:
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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