Going With the Flow: The Influence of “Groupthink” on Mediation Outcomes

By: Ira S. Bergman Florida Supreme Court Certified Circuit Civil Mediator What do the Bay of Pigs invasion, the bombing of Pearl Harbor and the Space Shuttle Challenger disaster have in common? Answer: They all have been cited as examples of how “groupthink” can lead to disastrous consequences. In better understanding...
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Interpreter or Assistant? Hire the Interpreter!

When a client’s ability to speak and understand English is in doubt, one must decide whether an interpreter should be used at a mediation. It is not the mediator’s decision, nor is the mediator required to provide interpreting services. The lawyer representing the client must make this decision. If it...
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Opposing counsel is not your enemy. Talk to one another before the mediation.

It is such a simple idea, but one that is often ignored. There is so much to be gained and nothing to lose in speaking to opposing counsel a day or two before a scheduled mediation. Let opposing counsel know how your client sees the case and why they see...
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Mediation / Arbitration – New Option for Alternative Dispute Resolution

By: Donald G Korman Florida Supreme Court Certified Circuit Civil Mediator Florida Supreme Court Qualified Arbitrator Court dockets are presently jammed owing to the Pandemic delaying and preventing trials and the pent-up demand now that in-person trials have resumed. Further stressing the system, the Florida State Supreme Court is demanding that...
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Mr. Cool and Mr. Duel: What We Can Learn From Franklin and Hamilton About Preparation

By: Ira S. Bergman Florida Supreme Court Certified Circuit Civil Mediator There are many reasons why mediations end in impasse. But, in my experience, the lack of preparation (by one side or sometimes both) often plays a key role. It therefore seems appropriate to delve further into the increasingly lost art...
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Donald G. Korman Becomes Florida Supreme Court Qualified Arbitrator

Mediator Donald G. Korman recently completed arbitrator training and is now a Florida Supreme Court Qualified Arbitrator. Donald is available to arbitrate insurance claims, hurricane claims, personal injury, and wrongful death matters through the state of Florida.
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