Posts Tagged ‘Mediation’
A Brief Discussion of the History and Future of Mediation in the US
By: Andrew Y. Winston Florida Supreme Court Certified Circuit Civil Mediator In recent years, mediation has become one of the most frequently utilized process of conflict resolution. However, while its use has not always been so prevalent, it has deep historical roots. Historians believe the origins of mediation date to ancient Mesopotamia (4,500-1900 B.C.E.) in…
Read MoreSo Close, Yet So Far
By: Philip G. Thompson Florida Supreme Court Certified Circuit Civil Mediator Florida Supreme Court Qualified Arbitrator You have been in mediation for several hours representing one of the parties in a hotly contested case. Because we are still dealing with the Covid-19 Pandemic (Thanks Delta and Omicron!), chances are this mediation is taking place remotely…
Read MoreGo ahead, Make My Day (By Settling Your Case): Movie Quotes and Mediation “Dont’s”
By: Ira S. Bergman Florida Supreme Court Certified Circuit Civil Mediator One of my favorite movie lines is from Casablanca,1 considered by many to be the greatest movie ever made. If you haven’t seen it, I urge you find some quiet time this weekend, pop some popcorn, dim the lights, and watch it. You won’t…
Read MoreTips for a Successful Mediation
By: Andrew Y. Winston Florida Supreme Court Certified Circuit Civil Mediator When many of us attended law school, it was with the intention of becoming litigators and trial lawyers. Being in the courtroom, questioning witnesses, arguing to the fact-finder(s), objecting…all these things have long been romanticized in literature and popular culture. However, what all the…
Read MoreIs Appearance at Mediation Mandatory?
By: Eric H. Luckman Florida Supreme Court Certified Circuit Civil Mediator In a recent 3rd DCA opinion (Alvarez v. Citizens, July 21, 2021), the issue before the Court was whether the trial judge exceeded her authority in dismissing a homeowners’ insurance case due to a plaintiff’s failure to appear at a mediation. The lawsuit was…
Read MoreMediation of Insurance Disputes in Fort Lauderdale
Mediation is a non-binding process in which a neutral third party helps you and your insurance company to reach a mutual agreement over an insurance dispute. Florida law allows parties to an insurance dispute to participate in mediation for several types of insurance claims. Mediation is implemented by mediators who possess an active certification as…
Read MoreMediation and Motorcycles: Lessons Learned From Robert Pirsig’s Epic 1970s Literary Road Trip
By: Ira S. Bergman Florida Supreme Court Certified Circuit Civil Mediator In 1974, Robert Pirsig published his masterclass in philosophy bearing a most unlikely title — Zen and The Art of Motorcycle Maintenance: An Inquiry Into Values. It has been described as a “fictionalized autobiography” in which Pirsig explores (among other things) the “metaphysics of quality”…
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