Posts Tagged ‘Mediation’
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 an opening at mediation. In…
Read MoreThe 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 they feel (emotion), and how…
Read MoreResetting 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. Mediators and attorneys now frame…
Read MoreMediation 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 some of the most common—and…
Read MoreSignatures? We Don’t Need No Stinking Signatures
By: Philip G. Thompson Florida Supreme Court Certified Circuit Civil Mediator Florida Supreme Court Qualified Arbitrator Many of you may recall a prior article I wrote where I discussed the mandates of Fla.R.Civ.P. 1.730 in terms of who was required to sign the mediation agreement. This Rule addresses completion of mediation. Previously, subsection (b) of…
Read More1st 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 is a game of inches.…
Read More“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 often see the case/conflict as…
Read MoreDialysis 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 be complications that arise. In…
Read MoreJuly 2025 4th of July Pie Deliveries
Sweet Thanks Delivered Early! We’re hand-delivering apple pies ahead of the 4th of July as a heartfelt thank-you to our valued current and past clients. Your trust in our mediation and arbitration services means everything—and we hope you enjoy a delicious slice of gratitude! Wishing you a joyful and safe Independence Day!
Read MoreAI & Trial Changes Boost ADR Need
By Donald G. Korman Florida Supreme Court Certified Circuit Civil Mediator Florida Supreme Court Qualified Arbitrator In the not-too-distant future, once AI overcomes its tendency for hallucination and inventing cases, every lawyer will have comprehensive access to all relevant case law and law review articles for their claims. Lawyers will tell their AI system the facts…
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