ADR CORNER
ADR CORNER
MARK GREENBERG MERRYL S. HABER
Mediation in 2026 After SB 2A and HB 837: How Florida’ s Insurance and Tort Reform Has Reshaped Settlement Ranges and Strategy( Continued)
IV. Practical Mediation Strategies for 2026
Based on what we’ ve seen across hundreds of mediations since the reforms took effect, several strategies consistently lead to better outcomes:
• Present a well supported liability and damages package early. Credibility is currency under the new statute.
• Articulate valuation models clearly. Transparency about assumptions such as comparative fault, causation, and medical necessity help narrow the gap.
• Adjust expectations about settlement ranges. Demands inflated by pre reform fee assumptions are less credible.
• Use the mediator to reality test statutory risks. Modified comparative fault and the absence of fee shifting create new uncertainties that benefit from neutral evaluation. has successfully mediated thousands of cases, saving parties over $ 100 million dollars in legal fees. Mark @ btmediation. com
Merryl S. Haber is a full-time mediator at Breakthrough Mediation, with more than 30 years of experience representing plaintiffs and defendants in maritime, personal injury, and professional liability matters in state and federal courts. She advocates for mediation as a confidential, efficient path to control exposure and achieve resolution. Merryl @ btmediation. com
For additional ADR tips and resources, go to www. palmbeachbar. org / alternative-disputeresolution-committee
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• Approach pre suit mediation seriously— it is often the most efficient path to resolution.
Conclusion
Florida’ s tort reform has reshaped the negotiation landscape. Settlement ranges are tighter, liability disputes carry more weight, and early case evaluation matters more than ever.
Attorneys who adapt to these realities are achieving more consistent results. As mediators, our role is to help both sides understand the new framework and find resolution within it.
Mark Greenberg is the founder of Breakthrough Mediation. A former trial attorney with over 100 verdicts representing both plaintiffs and defendants, he mediates complex insurance, business, construction, and community association disputes. Mark
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