Do You Need a Settlement Counselor in Florida?

Settlement counselors in Florida advise attorneys on various settlement strategies in their cases, as well as how they should conduct their settlement negotiations. Settlement counselors in Florida deliver valuable insight into a case, often providing counsel with new perspective into settlement opportunities the attorneys may have overlooked.

Settlement counselors in Florida provide valuable assistance to trial counsel both in direct negotiations with opposing counsel and in preparing for and conducting negotiations at a mediation. Having an experienced mediator engaged as a settlement counselor to work hand in hand with trial counsel gives a party a huge advantage at a mediation. A mediator employed as a settlement counselor will often understand better than trial counsel what to say and what not to say in the opening; what to say to the mediator in caucus; what the mediator is thinking; how adverse parties will likely react to a particular offer; and what a particular offer from an adverse party might mean. Having an experienced mediator on your mediation negotiating team is analogous to having someone on your trial team who spends a lot of time in jury rooms observing how juries deliberate. A settlement counselor can also provide useful assistance in evaluating your case and in formulating a flexible negotiating plan.

Hiring a settlement counselor will be an added expense to your client’s case that you will need to weigh carefully. For cases that amount to a tens of thousands of dollars in damages, the costs of a settlement counselor may be hard to justify. However, if your client stands to gain or lose hundreds of thousands or millions of dollars, the cost of hiring a settlement counselor is easier to justify, as it will usually increase the likelihood of reaching a settlement and improve the terms of the settlement for the party using a settlement counselor.

It is often advisable to have additional individuals review the facts of your case, as well as your negotiation or settlement strategies. Settlement counselors often have experience in a number of areas of law, which provide you with substantial benefits. These counselors may think of a number of consequences or ideas that have not occurred to you.

A settlement counselor may also help you keep your clients’ expectations realistic as you discuss various settlement options. Many clients incorrectly value what their cases may be worth, and often dismiss your warnings and cautions. However, having a neutral third party enter the case and give your clients a dose of reality on settlement strategies may be what is necessary to help them decide whether and how to settle the case.


Recent Articles

Download Chapter By Francis L. Carter

Bankruptcy Mediation is a treatise published by the American Bankruptcy Institute