The Value of Mediation for Florida Trial Lawyers
- Patrick Russell
- Jan 15
- 4 min read
Do you feel like you have no time, are burning a candle at both ends, while endlessly putting out raging fires?
As Florida trial lawyers well know, the Florida Supreme Court amended the Rules of Civil Procedure last year to streamline case management and accelerate deadlines for civil trials. The Amendments to the Rules of Florida Civil Procedure have resulted in strict deadlines, less discretion for trial continuances, and faster trial dates.
The past practice of slowly preparing for trial, seeing what happens at mediation, and then fully preparing for trial if your case does not settle at mediation, is no longer a realistic option. Likewise, relying on a trial continuance to give you additional time to prepare is also no longer viable.
As a result, Florida trial lawyers now have the unenviable task of having to fully prepare all of their filed cases for trial on a strict rocket docket. This means early initial discovery disclosures, witness identification, completion of depositions, and the filing of dispositive motions, amongst other things.
Given the limited resources in manpower, time, and money, it does not seem efficient, practical, or even possible to do this for every case.
The Statistical Reality of Settlement
To add to this dilemma, the cold, hard facts strongly suggest that nearly all civil cases will not go to trial.
The Florida Office of State Courts has been documenting trial statistics for several years now. The statistics are generally a year behind, with last year's release for the 2023-2024 year. Interestingly, only 1.2% of all circuit civil cases in 2023-2024 were disposed of by trial. County civil cases were even lower at .1003%. These results are consistent with previous statistics on civil trials in Florida over the past few years.
The vast majority of Florida civil cases are dismissed by the parties, presumably due to settlement, and to a lesser extent by the Judge. Statistically, the bottom line is that very few cases will result in a trial, and most will, in fact, be settled. Given this reality and the new rules, does it really make sense to prepare all cases for trial?
The Value of Mediation
Florida trial lawyers will know which cases should be settled and those that will most likely require a trial. With the new rules, the sooner you know this, the better.
Identifying those cases that can and should be settled early will save you tremendous time, money, and resources while allowing the trial lawyer to focus on their trials. This is precisely where the value of mediation can best serve and help Florida trial lawyers.
Mediation also empowers clients to determine the outcome of their case with certainty, thereby increasing their satisfaction with your legal advice and services. This win-win strategy requires the trial lawyer to prepare differently for mediation than in the past.
Maximizing the Value of Mediation
To maximize mediation and to enhance settlement outcomes, Florida trial lawyers should plan and prepare differently for mediation.
Treat the mediation as a means to an end with the intention to settle and the preparation to settle. Consider early dispute resolution and mediation sooner rather than later, before the parties expend too much money or time, which can lead to entrenchment and a lack of flexibility.
One recommended approach is to develop a strategic, data-driven game plan. A strategic, data-driven game plan for cases that should be settled helps parties at mediation make rational business decisions to resolve their case. Such an approach removes emotions, subjectivity, and ambiguity from the equation, which often derail negotiations.
A data-driven plan activates the problem-solving part of our brains rather than the emotional reactive side. This leads to collaboration, exploration of options, and honest risk assessment, all hallmarks of a successful negotiation.
Better yet, a strategic, data-driven game plan will set realistic expectations for clients regarding the possibilities for their case and will help drive an informed negotiating strategy and the monetary moves during mediation.
A strategic, data-driven game plan can be created in several ways. Decision trees that outline the various outcomes at trial, along with their probable outcomes and values is a very good start. Similarly, creating a simple litigation interest and risk assessment (LIRA) is another option. Neither option needs to be overly complex and can be easily done by a Florida trial lawyer.
The benefit of doing this work is that it will not only better prepare you for mediation but also build your confidence during negotiations. Likewise, your clients will appreciate this work as you demonstrate your knowledge and command of their case.
The Takeaway
The value of mediation for Florida trial lawyers in the era of rocket dockets is that it allows them to settle more cases that should be settled, so they can focus on those that need a trial. This maximizes efficiency and saves significant time, money, and resources.
To be successful in this new era, the Florida trial lawyer should prepare for mediation with the intention of settling through a strategic, data-driven plan. A strategic, data-driven plan enhances mediation and negotiation outcomes, sets client expectations, and builds confidence.
A strategic, data-driven plan for mediation is not difficult to create. A simple decision tree with options and probable outcomes can suffice and be the first step. At its heart, a strategic, data-driven plan provides an honest risk assessment that can serve as the backbone of your negotiating strategy and the moves you make at mediation.
Less dispute. More resolution.
Florida Mediator
Florida mediation and dispute resolution
I write all of my articles. Neither the ideas nor the writing is, has, or will be created by AI, and I am proud of that.
Meaningful Mediation is Ethical, Mindful, and Strategic
Comments