The Percentage - Florida Divorce Mediation Settlement Rates
5 Pages
English
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The Percentage - Florida Divorce Mediation Settlement Rates

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5 Pages
English

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FLORIDA SETTLEMENT RATES ByMatthew Brickman WHAT’S THE CHANCE YOU WON’TLITIGATE IN COURT? Florida Mediator Matthew Brickman Releases Divorce Mediation Settlement Rates And Success Rates (VIDEO) I have occasionally been asked how many mediations do I typically conduct per month and what is my settlement rate. Answering the first part of this question is easy. I keep track of every single mediation that I have conducted and have every single agreement I have ever created so that in the future if an attorney or party needs a copy, I have it available for them at no charge. Where I have difficulty is answering the second part of this question… What is my settlement rate? What does it matter? Who cares and if so why do you care? I am more concerned about my success rate than my settlement rate. What’s the difference?In order to answer this you need to know one thing and only onethiŶg. A ŵediator’s first aŶd oŶly respoŶsiďility is to eŵpoǁer the parties to exercise self- determination. What does this mean?It means that my first priority is to empower the parties to make their own decisions. They may make good decisions and they may make poor decisions, but my job is to give them a voice and create a platform so that they can be the decision maker in their case. Many parties choose to settle their case in mediation and others choose to have a judge decide their issues.

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Published 29 April 2015
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FLORIDA
SETTLEMENT RATES
ByMatthew Brickman
WHAT’S THE CHANCE YOU WON’TLITIGATE IN COURT? Florida Mediator Matthew Brickman Releases Divorce Mediation Settlement Rates And Success Rates (VIDEO)I have occasionally been asked how many mediations do I typically conduct per month and what is my settlement rate. Answering the first part of this question is easy. I keep track of every single mediation that I have conducted and have every single agreement I have ever created so that in the future if an attorney or party needs a copy, I have it available for them at no charge. Where I have difficulty is answering the second part of this questionWhat is my settlement rate?What does it matter?Who cares and if so why do you care? I am more concerned about my success rate than my settlement rate. What’s the difference?In order to answer this you need to know one thing and only onethiŶg. A ŵediator’s first aŶd oŶly respoŶsiďility is to eŵpoǁer the parties to exercise self- determination. What does this mean?It means that my first priority is to empower the parties to make their own decisions. They may make good decisions and they may make poor decisions, but my job is to give them a voice and create a platform so that they can be the decision maker in their case. Many parties choose to settle their case in mediation and others choose to have a judge decide their issues. Many times the parties do want to settle, but the
attorŶeys doŶ’t eŶĐourage theŵ tosettle because they give them a glimmer of a possible hope that they might get a better deal in court, so they decide to roll the dice and take their chances not to mention that if they do settle in mediation, then the attorneys no longer get paid as the case is over. There may be occasional times where a judge is absolutely necessary to interpret the law or an existing agreement or possibly order a party to comply with the law or an existing agreement, but for the most part the parties have the ability to settle the case amongst themselves. Success Rates: As a mediator, I am more concerned with my success rate,which is 100%.I base my success not on how many agreements I can get signed in mediation, but rather on the fact that every single person that I have ever mediated for was empowered, they exercised self-determination and they chose their own fate. Many choose to settle their own issues in mediation and signed an agreement and others knew the risks going forward and chose to still move forward and have a judge decide their fate in trial. Either way,100% of the timeI empowered the parties to exercise self-determination. So what about the settlement rate?I believe that the higher the settlement rate, the higher the possibility of more coercion, manipulation, bully tactics and intimidation on the part of the mediator and less mediating and empowerment of the parties. Noǁ ǁith that said, doŶ’t get ŵe ǁroŶg. I ǁould loǀe eǀery single
couple in mediation to settle and sign their own agreement so that they doŶ’thave to go to trial and spend thousands of dollars and lose control of the decision making process when comes to their families and possessions. Some people believe that the more money you pay for a mediator the better they are. I disagree with this.I’d rather go to a ŵediator that has ĐoŶduĐted ŵore mediations, maybe for a reasonable price, and mediation is their full time profession, than go to a mediator that picks and chooses which cases to mediate only to keep their settlement percentage up. Mediators like thischarge hundreds of dollars an hourand might only mediate a few cases per month because ĐhargiŶg those kiŶds of priĐes, they doŶ’t haǀe to ǁork ŵuĐh. In the eŶd, it’s up to the parties to deĐide oŶ ǁho they ǁaŶt to ĐoŶduĐt their mediation and it is up to the parties to decide whether they want to settle their case in mediation and retain full control of the outcome or go to trial and surrender all decision making authority to the family court system. For more information about mediation, visithttp://www.iChatMediation.comor call me at 877-822-1479 or locally at 561-262-9121.
About Matthew Brickman: Matthew Brickman has mediated hundreds of small claims, civil, and family cases involving disputes between couples with children, building contractors, small business mergers, bedding stores, auto accidents through State Farm Insurance, landscaping companies, neighbor disputes construction companies and even home owners associations. His experience also extends into the landlord/tenant segment, insurance companies, nursing homes, municipalities and even fire departments. Visit his website for more information on Family Mediation in Florida and check his mediation calendar for availability to schedule your next mediation session. iChatMediation - Family Mediation Services 1200 Town Center Dr #424 Jupiter, FL 33458 (877) 822-1479
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