Self-Insured Claims Mediation Strategies
By: Raul Romaguera Florida Supreme Court Certified Circuit Civil Mediator Florida Supreme Court Qualified Arbitrator Back in the day, I represented both insurance company defendants and self-insured defendants in 3rd party liability cases. In particular, I recall a self-insured risk manager for a large multi-national company who NEVER wanted to hear...
Resetting Expectations at Mediation: Fla. Stat. 768.0427 and Medical Damages in Florida
By: Raul Romaguera Florida Supreme Court Certified Circuit Civil Mediator Florida Supreme Court Qualified Arbitrator If the personal injury case you’re prosecuting or defending was filed after March 24, 2023, Fla.Sta. 768.0427 can be pivotal. It narrows the evidence juries may see, which in turn lowers the ceiling for settlement negotiations....
1st and 10
By: Raul Romaguera Florida Supreme Court Certified Circuit Civil Mediator Florida Supreme Court Qualified Arbitrator Football season is here! There are many, many life lessons in the game of football that can be applied to life, love, and business. I was thinking they are equally applicable to mediation. They say football...
“I’m Sorry” – The Most Underrated Tool in Mediation
By: Raul Romaguera Florida Supreme Court Certified Circuit Civil Mediator Florida Supreme Court Qualified Arbitrator Mediation is not simply a negotiation involving a neutral 3rd party to facilitate a hoped-for resolution of the case. It can be a rich blend of cognitive science, emotional intelligence and control, and social dynamics. Parties...
Dialysis Claims and Mediation: Navigating the Legal Landscape
By: Raul Romaguera Florida Supreme Court Certified Circuit Civil Mediator Florida Supreme Court Qualified Arbitrator Introduction Over 600,000, people in the U.S. suffer from kidney disease severe enough to require dialysis. Dialysis treatment is a life-saving procedure for patients suffering from kidney failure, but as with any medical treatment, there can...
On Their Own Terms: Why Mediation Empowers All Parties in Nursing Home Disputes
By: Raul Romaguera Florida Supreme Court Certified Circuit Civil Mediator Florida Supreme Court Qualified Arbitrator Mediating nursing home cases is a crucial approach to resolving disputes that often involve sensitive and emotional issues. These cases typically arise from allegations of abuse, neglect, or other grievances related to the care of elderly...
Not All Arbitrators Are Created Equal: Key Considerations for Fair Dispute Resolution
By: Raul Romaguera Florida Supreme Court Certified Circuit Civil Mediator Florida Supreme Court Qualified Arbitrator Whether you have a contractual arbitration case, or a non-binding arbitration case, the selection of arbitrators can be very important. The arbitrator's background should include relevant education, training, and experience in the field of arbitration and...
Mediation Can Be Like Preparing a Fine Meal
By: Raul Romaguera Florida Supreme Court Certified Circuit Civil Mediator Florida Supreme Court Qualified Arbitrator Too often, when I begin a mediation, I hear one of the parties (usually one of the attorneys) say “we don’t want to be here all day”. Patience in mediation is a vital concept for...