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Mediation & Arbitration Section Chairs : GeraldAlbrecht – AlbrechtMediationServices , AmberBoles — LawOfficeofAmberBoles & LaraTibbals — TibbalsMediation , LLC
Any trial lawyer , mediator , in-house counsel or client representative engaging in mediation would benefit greatly by reviewing the newly released Third Edition of The Florida Mediation Best Practices Handbook . The Handbook is Florida ’ s first mediation best practices resource for mediators , trial lawyers and other mediation stakeholders . It contains the best mediation strategies and techniques contributed by over 800 trial lawyers , mediators , in-house counsel , adjusters , etc ., for mediating cases at an elite level .
The Third Edition contains detailed strategies on presenting the most effective opening statement , how to deal with difficult personalities and hardball negotiators , techniques for avoiding an impasse , cutting-edge negotiation tactics , using humor to diffuse difficult situations , how to handle a party that threatens to leave , how to document the settlement agreement during a Zoom mediation , and how to reignite settlement talks after an impasse .
The Handbook is divided into two sections : best practices for the mediator and best practices for the trial lawyer . It contains forms for state and federal practice , citations to mediation ethics rules
theHandbook containsmediation strategiesand techniques contributedfromover 800triallawyers , mediatorsandin-housecounsel . for mediators and trial lawyers , and subject matter specific supplements describing how to mediate in specific practices areas such as employment law , family law , securities litigation , etc . The Handbook contains practice tips for both in-person and virtual mediation .
The Handbook ’ s strategies and techniques were obtained by surveying trial lawyers , mediators and other mediation stakeholders around the State and by collecting ideas from practitioners at Litigator Mediator Forums held throughout Florida . The Handbook and the Litigator Mediator Forums are part of an ongoing partnership between Florida trial lawyers and mediators to improve the mediation process together for their mutual clients . This partnership was started by the HCBA ’ s Mediation & Arbitration and Trial & Litigation Sections in 2020 . In recent years , this collaborative effort has been adopted by the ADR Section of the Florida Bar , The Trial Lawyers ’ Section of the Florida Bar , The American Bar Association , and the Dispute Resolution Center of the Florida Supreme Court , which distributes the Handbook to its mediation offices across the State . Law schools and universities around the State of Florida are using the Handbook to teach
Mediation Advocacy and negotiation skills at both the graduate and undergraduate level . The Handbook is edited by a panel of trial lawyers , mediators , and in-house counsel / decisionmakers with broad mediation experience . The editors for the Third Edition include Jerry Albrecht , Anitra Clement , Patricia Huie , Harold Oehler , Rania Shehata and Alyssia Totten . In order for a best practice to be approved , it must be voted for by a majority of this diverse group of editors .
Harold Oehler , the primary author of the Handbook , was a part of a HCBA panel on September 13th to discuss the Third Edition ’ s new strategies . This live and virtual presentation was jointly hosted by the Mediation and Trial Sections of the HCBA . The Third Edition of the Handbook is available on the Mediation & Arbitration and Trial & Litigation pages of the HCBA ’ s website . n
Author : Harold Oehler – Oehler Mediation
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