Mediation Articles

I have written over twenty-five articles on various Mediation topics, published in the Jacksonville Bar Bulletin, the Jacksonville Daily Record, and Jacksonville Lawyer magazine. They are all displayed below, with each one available in printable format. Enjoy!
26 Articles

Mediation Articles

26 Articles

Five Keys To Success At Mediation

As a Certified Circuit Mediator for over eighteen years, I am often asked how to make the Mediation experience a success. My recent presentation on this topic to the Jacksonville Bar Association’s Probate Committee has truths that apply to any type of mediated dispute. “Success” is understood as …

Buyer’s remorse may work at Target, but don’t expect it to work in court

This is the time of year when many people grapple with buyer’s remorse. Credit card statements have landed by now, revealing many Christmas/holiday purchase decisions that now seem unnecessary, excessive and regrettable. In our capitalistic society, sellers are pursuing competitive advantages bas…

Non-appearance In Mediation Cases Can Be A Frequent Problem

If you are a litigator, you should know that failing to appear at a mediation conference is fraught with peril. Florida Rule of Civil Procedure 1.720(f) says that the court “shall” impose sanctions, which can be dire. In Motors, Pumps & Accessories, Inc. v. Miami Medley Bus. & Indus., LLC…

Not all Sanctions are Created Equal

Courts have long held inherent powers to sanction bad conduct by parties or their lawyers. Some of this power has been “codified” in statutes and rules, including Florida Rule of Civil Procedure 1.730(c) titled “Completion of Mediation.” Rule 1.730(c) states, “Imposition of Sanctions. In the even…

Buyer’s Remorse Rarely Negates a Mediated Settlement Agreement

“If you never change your mind, why have one?” Edward De Bono. Indeed, many people are less resolute than are others when making decisions. Marketers prey on this human tendency of impulse decision making. It’s the reason why grocery stores line their checkout aisles with candy, gum and all m…

Sign Here, Please – the Final Mediation Paperwork

“Sign on the dotted line” is a directive lawyers have used for ages. Generally no agreement is enforceable against a party who has not attested to it by his signature. The law treats such an “agreement” as no agreement at all. Equity has carved out a few discrete exceptions to muddy these waters,…

Mediation Confidentiality – Do Loose Lips Really Sink Ships?

In my standard introduction statement, I tell mediation participants of my “Top Four Reasons Why Mediation Works” list, the second of which is the confidentiality that applies to the communications that are made. If the fact finder could learn of what went on during the mediation conference, part…

Mediation Agreement – the Difference between “both” and “either”

I realize that it references outdated technology, but I am beginning to feel like a broken record. (“Corrupted MP3 file” just doesn’t have the same impact.) At the recent Personal Injury Practice Section seminar and in several Jacksonville Bar Bulletin articles, I have discussed the need to finis…

How Many People Does it Take to Render a Mediated Settlement Agreement Ambiguous?

The few of you who have read my prior articles have undoubtedly detected a recurring theme therein – doing what it takes so that the close of mediation can bring closure to the settlement. Don’t rush through the final step! It amazes me how parties will spend hours hashing out the terms of resolu…

Mediation Agreement to Agree = Disagreement

Often, the parameters of a mediated dispute are finite and known, making the final agreement comprehensive and complete. There are occasions, however, where the dispute or its resolution process is somewhat amorphous, complicating efforts to mediate an agreement. While it is wise to whittle down …
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