Part I: Attorneys SectionPart II: Mediators Section
Part III: Key Florida Mediation Cases
Florida Rules for Certified and Court Appointed Mediators
Other Relevant Court Rules (State and Federal)
Applicable Florida Statutes
Forms
Advisory Opinions to Mediators
Mediator Disciplinary Decisions
Filing Records
Part I
Attorneys Section
1.01 Pre-Mediation Preparation
A. When to Set Mediation
B. Outstanding Offers of Judgment
C. Early Mediation
D. Tips: Pre-Mediation Planning
E. Should Personal Injury Plaintiffs Settle Lens Claims Before Mediation
F. Mediating Tort Cases with Workers Comp Lienor Present
G. Should Attorneys Talk Tough at the Joint Session?
H. Is it O.K. to Posture?
I. Limited Authority
J. Evaluating a Soft Tissue Injury Case (Table)
1.02 Negotiating
A. Who Makes the First Offer?
B. The Burning Question: How Much to Offer?
C. Is Plaintiff Desperate for Money?
D. Counteroffers
E. Leave the Last Offer Open?
F. Messages
G. Saying YES
1.03 Casebook Examples
A. Case One
B. Case Two
C. Case Three
1.04 Attorney Can Help Mediator Avoid Impasse
1.05 Structured Settlements
A. Shortened Life Expectancy Cases
B. More Common Uses of Structured Settlements
C. Minors
D. Problems
Part II
Mediators Section
2.01: Certification
A. Shall I Become a Certified Mediator? How to Deve lop a Mediation Practice?
B. How to I Become Certified
C. Qualifications Necessary to Become Certified
2.02 Starting the Mediation Session
A. Mediators Opening Statement
B. Mediators Handling of Attorneys Opening Statement
2.03 Recalcitrant Clients
A. Mediator Should Help
B. No Tax Returns
C. Truth Equals Victory?
D. Religious Confidence
E. A Note to the Non-Lawyers
2.04 Joint or Separate Session?
A. The Case for Moving to a Separate Session
B. The Case for Starting with a Joint Session
C. Should the Mediator Meet Alone with Attorneys
2.05 Tactics
A. How Much Should One Side Tell the Other?
B. Do Defendants Consistently Low Ball?
C. When the Attorney is Reluctant to Advise
D. Is Your Offer Still Open?
E. May I Have a Few Days?
F. What if Client has Undiscovered Reservations?
G. Should Mediator be Told Litigants Bottom Line?
H. You Wont Be Able to Collect a Judgment Against Me!
I. Mediator: A Stalking Horse?
J. Try to Settle a Mediation
