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

Mediation Appearance – Comply Fully or Foot the Full Bill

This should be a no-brainer. After all, it’s in every Mediation Order and is the subject of a specific Florida Rule of Civil Procedure. Now, there is unequivocal case law authority. What constitutes “appearance” at mediation and the appropriate sanctions for failure thereof are discussed in Rule …

Voluntary Mediation – Give your agreements teeth…

As I advocated in my first article last summer, Mediations are not just for litigation anymore. Parties are more frequently turning to this ADR option when presuit negotiations stall. This is not always successful or appropriate, as the lack of formal discovery or other factors may prevent early …

Mediation/Negotiation Tactic – Stonewalling

Known as dependably impenetrable, Confederate General Thomas Jonathan Jackson earned the nickname “Stonewall”. While he may not have been the choice to lead an offensive attack, Jackson’s effectiveness at rebuffing Union advances earned him respect among both sides of the great conflict. Despite …

Mediator Misconduct – What Can Be Done To Prevent It?

What qualities do you look for when selecting a Mediator? If you’re like most litigators, your selection criteria are not absolute but varied depending on the dynamics of the particular case. Some matters are better suited for a mild-manner Mediation approach, while others may require a bit more …

Mediation Agreements – Mistakes Can be Costly

The old adage reads, “Beware of the fine print”. Yet, two recently reported cases amplify that font size is not the only villain to a challenged “mistaken” mediation agreement. The law will generally not look beyond the four corners of a contract to determine the parties’ intent. Furthermore, the…

Mediation – It’s not just for litigation anymore…

Does this sound familiar? Plaintiff’s counsel demands $25,000. Carrier offers $2,500. Counsel counterdemands $19,500, to which Carrier counteroffers $4,500. A second counterdemand of $16,000 is met with a counteroffer of $6,001. Both sides scream “No More!” A lawsuit is filed, which Carrier sends…
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