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3. Don't Make Threats or Ultimatums. You might think it goes without saying but don't make threats or ultimatums during mediation. Threats to the other party or their attorney can escalate conflict and cause the other party to retract, shut down, or walk out.

(b) Agreement. If a partial or final agreement is reached, it must be reduced to writing and signed by the parties and their counsel, if any. Signatures may be original, electronic, or facsimile and may be in counterparts. The agreement must be filed when required by law or with the parties' consent.

If a party fails to appear at a duly noticed mediation conference without good cause, the court, upon motion, shall impose sanctions, including award of mediation fees, attorneys' fees, and costs, against the party failing to appear.

“Anyone claiming an interest in pending litigation may at any time be permitted to assert a right by intervention, but the intervention shall be in subordination to, and in recognition of, the propriety of the main proceeding, unless otherwise ordered by the court in its discretion."

Pursuant to Rule 1.750(b) of the Florida Rules of Civil Procedure, the parties are advised that they may object to mediation on the following grounds: financial hardship; the issue to be considered has been previously mediated or arbitrated between the same parties pursuant to Florida law; the issue presents a question ...

Party autonomy is one of the guiding principles of mediation. Supporting and encouraging the parties in a mediation to make their own decisions (both individually and collectively) about the resolution of the dispute, rather than imposing the ideas of the mediator or others, is fundamental to the process.

Mediation: Ten Rules for Success Rule 1: The decision makers must participate. Rule 2: The important documents must be physically present. Rule 3: Be right, but only to a point. Rule 4: Build a deal. Rule 5: Treat the other party with respect. Rule 6: Be persuasive. Rule 7: Focus on interests.

Key elements of mediation: Impartial skilled negotiator. Voluntary (on the part of the clients) Confidential. Informal and flexible. Decisions based on consensus. Focused on the future to achieve a 'gain-gain' result and resolve conflict.

One of the biggest and most common obstacles in mediation is when litigators refuse to budge from their courtroom arguments and conduct themselves as though they are presenting their case to a judge or jury. Mediation and litigation are different, and lawyers' roles in each are too.