Modern Game Theory & Personal Injury Mediation, Part II: Dynamic Strategy and Information Flow
Andrew Winston, Esq. Florida Supreme Court Certified Circuit Court Mediator Florida Supreme Court Qualified Arbitrator In the first part of this series, we explored how modern game theory can illuminate the strategic dynamics of personal injury mediation. This follow-up takes the next step—examining how these concepts function dynamically, as strategies...
Mediation Pitfalls – Identify and Avoid
Andrew Winston, Esq. Florida Supreme Court Certified Circuit Court Mediator Florida Supreme Court Qualified Arbitrator Mediation is now a central fixture in Florida’s civil litigation landscape. Yet, many attorneys continue to treat it as a procedural checkpoint rather than a meaningful opportunity for resolution. That approach can lead straight to...
Modern Game Theory & Personal Injury Mediation
Andrew Winston, Esq. Florida Supreme Court Certified Circuit Court Mediator Florida Supreme Court Qualified Arbitrator Modern game theory offers valuable insights into personal injury mediation, providing a framework for understanding strategic decision-making and potential outcomes. As a mediator, I've found that applying game theory principles can significantly enhance the mediation...
Navigating Mediation Impasses: A Practical Guide for Litigators
By Andrew Y, Winston Florida Supreme Court Certified Circuit Court Mediator Florida Supreme Court Qualified Arbitrator In the complex landscape of dispute resolution, mediation impasses can present significant challenges for litigators and their clients. However, these moments of standstill need not signal the end of negotiations. Instead, they can serve...
The Art of Active Listening in Florida Mediation
By Andrew Y, Winston Florida Supreme Court Certified Circuit Court Mediator Florida Supreme Court Qualified Arbitrator As a Florida Supreme Court Certified Circuit Court Mediator, I've observed that one of the most powerful tools in a mediator's arsenal is often overlooked: active listening. This skill, when mastered, can transform the...
Making Lemonade
By: Andrew Y. Winston Florida Supreme Court Certified Circuit Civil Mediator We are all familiar with the saying, “when life gives you lemons, make lemonade.” Essentially, try to make the best out of a difficult situation. By the time most litigants get to mediation, discovery has largely been completed, positions...
A Brief Discussion of the History and Future of Mediation in the US
By: Andrew Y. Winston Florida Supreme Court Certified Circuit Civil Mediator In recent years, mediation has become one of the most frequently utilized process of conflict resolution. However, while its use has not always been so prevalent, it has deep historical roots. Historians believe the origins of mediation date to...
Tips for a Successful Mediation
By: Andrew Y. Winston Florida Supreme Court Certified Circuit Civil Mediator When many of us attended law school, it was with the intention of becoming litigators and trial lawyers. Being in the courtroom, questioning witnesses, arguing to the fact-finder(s), objecting…all these things have long been romanticized in literature and popular...