Blog

By:  Gary L. Brown, Esq.  The seeds of success (or failure) of construction mediation are planted long before the mediation. Mediation of construction disputes presents many unique challenges. Construction cases, particularly ones in involving construction defects, are usually document intensive and involve multiple parties. Sufficient development of the facts and having the right parties (including...Read More

Understanding the Recent Florida Mediation Trends An important aspect of trying to settle a dispute is the flexibility (or lack thereof) of the mediation participants. No matter how good the attorneys and mediator are, if the parties are unwilling to compromise, the mediation process will be unsuccessful.  Sometimes a good settlement may look different (even...Read More

Every attorney representing a plaintiff (this mediator included) has told a defendant that, in addition to the claim amount, the plaintiff is demanding its attorney’s fees and costs in the litigation. As parties and attorneys know all too well, the costs of litigation, particularly in a complex, multi-party construction defect litigation, can be significant, sometimes...Read More

The Importance of Managing Clients Mediation Expectations The importance of managing client expectations before mediation cannot be understated. In the claimant’s mind, the defendant should pay everything (principal, interest, fees, and costs) while the defendant believes it should pay far less. Convincing either on the day of mediation to fundamentally change that perspective is nearly...Read More

What You Need to know for Mediation Day Planning If a fact or legal position is important, the other side should not be learning about it for the first time at mediation. Rarely if ever in this mediator’s experience has a party changed their position 180 degrees based upon the other side’s revelation of something...Read More

Understanding a Florida Mediator’s Role Equally important to the merits of a case is how that information will be communicated to the opposing side and the mediator’s role in the process. There are some things better left unsaid during the open session(s) that should be communicated to the opposing side by the mediator in private....Read More