15 Tips for a Successful Mediation in Florida

A civil mediator in Miami can help you resolve legal disputes. Mediation saves time, money, and frustration. It keeps legal disputes out of court and provides a better path to resolution. But success in mediation is not automatic. There are several things that can be done that will increase the odds of success when it comes to mediation in Florida. For instance

1. Enter the process with an open mind and expect competitive negotiation. Everyone should be willing to negotiate in good faith but should not be willing to just give in to all demands made by the other party.

2. Make sure those in attendances at the mediation have the power to commit to a settlement. Sometimes one side will send someone to negotiate that does not have the power to authorize a settlement. The person is essentially a messenger and does nothing more than wastes everyone’s time.

3. Bring all important documents to the mediation.

4. Keep an open mind about being right. It is important to know your stance on things, but do not be so committed to being right that negotiations suffer.

5. Do not talk about numbers too soon. A civil mediator in Miami can help you introduce dollar amounts and make sure you are not committing to something or “showing your hand” too early.

6. Be respectful of everyone involved in mediation, even if you do not agree with him or her.

7. Focus on being persuasive. This means not being too combative or aggressive. Remember, you want to craft an ideal outcome, not win.

8. Know your interests and make them the focus of the mediation.

9. See yourself as a problem solver. It will help you to avoid getting locked into a win-lose mindset.

10. Try to put your difficult emotions aside. You are more likely to achieve a successful outcome when you are not coming from an angry point of view.

11. Avoid mediating too early or not in person. You will likely be required by the court to attempt mediation, but this does not mean you need to rush into anything.

12. Do not enter the process with too much hubris. It is okay for you and your civil mediator in Miami to be confident, but you should not take anything for granted.

13. Craft a strong opening argument for your case. You might not be presenting it in a court, but it is important to make clear where you stand and what you expect from mediation.

14. Try to be patient. Negotiations take time and rushing into anything can result in a less-than-ideal outcome.

15. Remember that the ultimate goal is resolution. A civil mediator in Miami can help you achieve this with as little animosity as possible.

If you would like to pursue mediation, Francis Carter can help. Francis is a full-time civil mediator in Miami and the Fort Lauderdale area. He has mediated hundreds of bankruptcy and civil business cases, including avoidance claims, claims objections, foreclosures, lien contests, deficiency claims, guaranties, contract disputes and fee disputes and has worked with clients dealing with a variety of other commercial and financial issues.

For more information or to schedule a consultation with Francis, contact him at 305-776-9143.


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Bankruptcy Mediation is a treatise published by the American Bankruptcy Institute