It Only Takes One Ass to Spell Impasse
How many times have you appeared in a multi-defendant mediation only to discover at 10:00am that one of the key players has taken a “no pay” position while you were expecting a meaningful contribution to the settlement pot? There’s a fix for that. Multi-defendant cases present a challenge for even the seasoned mediator. If you are counsel for one of the defendants, know that […]
Chilly Receptions in Other Mediation Climates: Lessons on Mediating Outside Florida
Before I worked as a mediator, I attended mediation in several states as a litigator or insurance carrier representative – in South Carolina, California, Maryland, and Colorado. Not all mediation venues are the same. Not all routinely use private mediators. In some states you may get a magistrate in federal court as your mediator. Some magistrates are okay but many “keep the robe […]
Court Imposed Mediation Deadlines are Horrible: Choose the Best Time to Mediate – It’s Sooner Than You Think
Choosing the best time to mediate is no easy thing. The court does not have the ability to consider optimal timing or the vagaries of your case. The court-ordered mediation deadlines are awful and necessarily arbitrary; the court sets a date to complete mediation before the pretrial conference or toward the end of the discovery period. Lawyers being lawyers, sometimes the mediation only occurs because the deadline commands it. […]
Mediation Works When It Restores the Role of Client Decision-Making
It’s not uncommon for mediation participants to ask, “what’s taking so long in the other room?” I think the answer is simple but maybe not obvious. Litigation distances the client from the problem. The question, “What should I accept or how much am I willing to pay?” is not one the litigation process seeks to answer. The client is disenfranchised from […]
March Madness and Negotiating with the Bigs – A Message to Claimant’s Counsel
The NCAA basketball tournament in March always brings fun and surprise in the form of upsets. To the enjoyment of all but the loser, the upsets are a delight. Every year a small school from a lesser-known conference scores a win over a heavily favored major conference opponent. This got me thinking about mediating between parties where […]
Court Dockets Are Crowded and Here Is a Fix Any Judge Can Use
Courts are crowded and judges have limited hearing time. Trial dockets were full before the pandemic, then got worse, and now we need to clear the backlog. In states like Florida where there is an influx of new residents post-pandemic, state and federal courts have an important role to play in helping parties achieve access […]
Henry Mediation Offers Free Online CLE Video-Library
Henry Mediation is pleased to offer Florida Bar approved CLE through an online video library at HenryADR.com. Included with the video library is the 5- hour Mediation Mastery Series which covers a wide range of mediation topics including rules governing attendance and authority, industry and case-specific tactics, and valuable information for new and seasoned attorneys. There are also stand-alone programs […]
A Cool New Thing – Neutral-Driven Dispute Resolution (NDR) for Modest Business Disputes
There are many business disputes too large to ignore but too small to litigate for any period of time. Absent contingency fees and insurance coverage, when the amount in controversy is under $200,000, the fees and costs to resolve the dispute can ultimately be disproportionate to the settlement value of the case. Unfortunately, our rules of procedure and judicial […]
Important Rules for Pursuing Breach of a Mediated Settlement Agreement
There are few topics that engender more confusion than remedies for breach of a mediated settlement agreement. The scope of the rule governing breach and sanctions is greatly circumscribed by the case-law and this conflict warrants discussion. This article will give you what you need to know.Turning first to the rules, asserting a breach of a mediated settlement […]
A Few Words to Plaintiff’s Counsel
Now that the majority of mediations are conducted via Zoom, I think Plaintiffs’ attorneys will need to work a little harder than Defendants. Why so? Before remote attendance was commonplace, defense counsel, the defendant, and the insurance carrier, if any, came from somewhere and sat in a room all day. They flew or drove to […]