Modern Game Theory & Personal Injury Mediation, Part III: Behavioral Game Theory and the Human Element of Resolution
Andrew Winston, Esq. Florida Supreme Court Certified Circuit Court Mediator Florida Supreme Court Qualified Arbitrator Throughout this series, we have explored how modern game theory provides a powerful framework for understanding personal injury mediation—from strategic positioning to dynamic interaction. This final installment turns to perhaps the most practical dimension: how...
What Adjusters Wish Lawyers Knew About Mediation
By: Raul Romaguera Florida Supreme Court Certified Circuit Civil Mediator Florida Supreme Court Qualified Arbitrator Having done litigation for 35+ years and thousands of mediations both as a trial lawyer and as a mediator, it surprises me to see attorneys appear at mediation unprepared and unaware of why mediation can be...
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...