Posts Tagged ‘Mediation’
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 the phenomenon of groupthink, and…
Read MoreInterpreter 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 is believed that an interpreter…
Read MoreOpposing 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 it that way. No one…
Read MoreMediation / 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 cases be disposed of within…
Read MoreMediation Cancellations
The case is set for mediation in two days. You call your client to prep them and come to find out that they forgot about the mediation and can’t attend. Or in preparing for mediation, you realize that there is a deposition you need to take to properly evaluate the case for settlement purposes, and…
Read MoreMediation Settlement Agreements and Confidentiality
Everything that is said at mediation is confidential, right? Therefore, if I settle my case at mediation, the amount of the settlement is confidential since the amount of the settlement was obviously discussed as part of the mediation, right? Not so fast, partner. Florida Statute 44.403(1) states that “(e)xcept as provided in this section, all…
Read MoreListen Up: Words of Wisdom from Jane Goodall
By: Ira S. Bergman Florida Supreme Court Certified Circuit Civil Mediator Jane Goodall is neither a lawyer nor a mediator, but a truly remarkable person nonetheless. Goodall is an acclaimed scientist and naturalist who, back in the 1960s, decided that she wanted to better understand chimpanzees and their unique genetic kinship to humans. But rather…
Read MoreMaking Lemonade
By: Andrew Y. Winston Florida Supreme Court Certified Circuit Civil Mediator We are all familiar with the saying, “when life gives you lemons, make lemonade.” Essentially, try to make the best out of a difficult situation. By the time most litigants get to mediation, discovery has largely been completed, positions have been crystallized and the…
Read More2022 Bench Bar Conference
We were proud sponsors of the Palm Beach County Bar Association’s Annual Bench Bar Conference held on March 11 in West Palm Beach. It was great to see so many familiar faces.
Read MoreIra Bergman certified as mediator in the U.S. District Court for the Middle District of FL
MediationWorks mediator Ira S. Bergman was recently certified as a mediator in the U.S. District Court for the Middle District of Florida. Having litigated extensively in federal courts throughout Florida and around the country, Mr. Bergman can now utilize his broad knowledge of the federal forum to assist parties in the Middle District. Mr. Bergman…
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