The Psychology of Decision-Making in Mediation – Part 2
By: Philip G. Thompson Florida Supreme Court Certified Circuit Civil Mediator Florida Supreme Court Qualified Arbitrator Part Two: Emotion and Behavior Introduction This article is the second installment in a two-part series examining the psychological forces that influence decision-making in mediation. The first article addressed cognition—how people think. This installment focuses...
Even Artificial Intelligence needs a Watchful Eye
Brenda F. Pagliaro, Esquire Florida Supreme Court Certified Circuit Civil Mediator and Qualified Arbitrator The use of Artificial Intelligence (“AI”) is gaining speed in the legal profession and is being used in document review, memorandum and brief drafting and even negotiations. Although it is an amazing and magnificent tool, it...
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...
The Psychology of Decision Making in Mediation
By: Philip G. Thompson Florida Supreme Court Certified Circuit Civil Mediator Florida Supreme Court Qualified Arbitrator Part One: Cognition & Cognitive Bias Introduction This article is the first in a two-part series exploring key psychological dynamics that influence decision making during mediation. We will examine how people think (cognition), how...
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....
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...