Although the goal of mediation is settlement, you should pay careful attention to your mediator during your session in case a settlement is not reached. Should your case go to trial, you will be better prepared if you are proactive during mediation. Many attorneys have used cues from disputes mediators in Florida to strengthen their court cases. Disputes mediators in Florida are beneficial not only for reaching settlement agreements, but also for perfecting one’s arguments for court.
During mediation, the disputes mediator will discuss your case’s strong points, as well as its weak points. You should take detailed notes during these conversations, as you may need to refer to them later if the case does not settle during mediation. These notes will help you emphasize the strengths of your case, as well as help you figure out ways to overcome its weaknesses. Similarly, if asked, your disputes mediator will likely provide an opinion on the strengths and weaknesses of your opponent’s case. You should make note of these as well, as they will be valuable at trial.
When your disputes mediator returns from discussing the case with your opponent, pay careful attention to what is said about the opponent’s position. In many cases, you may be able infer what your opponent has disclosed to the mediator. For example, if you tell the mediator that you will settle the case for a certain amount, you may be able to infer, based on the mediator’s response, if the opposing side is likely to accept the offer. You may use this information to your advantage as you add details to your settlement offer.
Whether your case settles at mediation or goes to trial, remaining active and engaged during the mediation process will increase your chances of a good result for your client.
