Our Blog
The Breakthrough Mediation blog serves to engage our clients, the legal community and the public in a discussion about alternative dispute resolution. As leaders in mediation, arbitration and more, we strive to remain at the forefront of legal developments, trends and news in areas of law that pertain to ADR.
5 Negotiation Strategies
Today, we wanted to provide you with five negotiation strategies that can help you smoothly navigate your next negotiation. Negotiations don't have to be a win-lose scenario, and if you are looking for skilled mediators who can help facilitate your negotiation, then...
Clients and Attorneys Must Sign a Mediation Settlement Agreement, or it is Unenforceable
A settlement agreement is a legal contract that outlines the terms and conditions agreed upon by all parties involved in a mediation. It is a legally binding agreement that resolves a dispute or conflict between two or more parties. To ensure that the settlement...
We’re Hiring Mediators!
Breakthrough Mediation is Hiring Mediators! We've had tremendous growth--thank you so much to all our clients. We appreciate it more than we can say. So, we are excited to be hiring mediators this year who really want this to be the second half of your legal career....
What to Do When Your Client Thinks They Can’t Lose
Welcome back to our Mediation Minute, where today's subject is: the client who thinks they cannot lose their case. These situations are the hardest for us as mediators. How do you work with someone who doesn't see risk? Because if they don't see risk, they won't...
The Elements of Mediation
Today we're going to talk about the elements of mediation. These are the things that are happening even when you're not consciously aware of them. The first thing that a good mediator is doing is figuring out the interests of the people involved. Why are they there,...
Mediation Minute: Biggest Gripes in Mediation
Welcome back! Today's Mediation Minute topic is: biggest gripes in mediation. At the beginning of every mediation, we ask, what is your biggest gripe in mediation? And we do that for two reasons. One: it kind of cracks the ice open a little bit about what's going to...
Mediation Minute: HOA Disputes in Florida
In this Mediation Minute, we are going to discuss Florida's crazy Associations. Many if not most of us live in some type of Home Owner's Association or Condominium Association. We've got rules and regulations and there are all sorts of goofy, crazy disputes that come...
Mediation Minute: Working With Emotional Clients
Welcome to this month's Mediation Minute. Today's topic is working with emotional clients, or emotional opposing clients, because either way, those emotions are going to drive their decision-making process--at least initially. So you have to acknowledge that the...
Secrets of Mediation: Part 3
Welcome to the third installment of the three secrets of mediation. Here's the last secret: Always know, coming into mediation, what you think will happen if it were to go to trial. What are your biggest hurdles to trial? Here are some statistics that will help your...
Secrets of Mediation: Part 2
The Second Secret: Make your opening statement like you would at trial. You might hear many different opinions on opening statements in mediation, but we feel that they are important to set the tone for both sides. We do not recommend waiving your opening statement....
Secrets of Mediation: Part 1
Our number one goal in mediation is for both sides to feel like they came away from the experience with a positive outcome. Sometimes that can mean adapting a mediation to one client's personality type. There are a few things that we wish all of our clients knew, and...
Why Peace Has a Value: Part 2, Peace from Mediation
Peace From Mediation Welcome to Part Two of Why We Like to Say that "Peace Has a Value" Let's start this post by circling back on what mediation really is. A great definition has some context. So here's a definition we like: "Mediation is a structured, interactive...
Why Peace Has a Value: Part 1 of 2
We like to say "Peace Has a Value". Here's Why: Twelve years ago, I went through a divorce, and we had to use three mediations to get that settled. The reason is: we had the wrong mediator for the first two mediations. Finally, for the third one, we brought the right...
Advantages and Disadvantages of Settlement
What are the advantages of settling your case? Well, it's pretty straightforward: you get certainty. You know what the result is going to be. The stock market likes certainty, and so do people. The reason is because you can predict and move forward based on what you...
5 Negotiation Tips
Let's talk about how to get more out of your next negotiation or mediation. While this is definitely not an exhaustive list, we've put together 5 negotiation tips that can help you as you head towards a mediation, but they also apply to other aspects of life such as...
Our Simple Personality Test
At the beginning of every mediation, we perform a simple personality test. This usually involves a few questions, and is done so that we know how to best serve you. Here is the question we always start with: Which of these most describes you in general: I am an...
Settle the Case: Why “No” is Important
Welcome to Why No is the Most Important Question, or most important answer you can get in any negotiation where you want to settle the case. Why is that? Because No brings out the real issues. We find out what’s stopping somebody from making a deal, not just getting...
How to Choose the Right Mediator For Your Case
There are many different strategies for how to choose the best mediator, some more effective than others. Here’s what to consider when choosing a mediator.
Five Stages of Mediation
Why Clients Bother With the Mediation Process Before you understand what’s involved with mediation, it might help to understand why so many choose this process. Mediators work with many different kinds of disputes. Often disputes between neighbors end up in mediation,...
Settlement versus Trial
https://youtu.be/HzjAp9L0sG0 A 2009 study from Cornell University found that nearly 70% of all civil cases settled out of court. Attorneys and mediation firms alike will tell you that most civil cases are settled out of court, but if your case is in the early stages...
Studies Show More People Prefer to Settle Without Trial
If you’re going through mediation, settlement is the single best way to get the positive outcome you want, according to published research. More than that, though, it’s also the most popular method of resolving civil cases. Stronger Outcomes When You Settle Without...
Advantages and Disadvantages of Settlement
According to the Florida Office of the State Courts Administrator, less than one percent of civil cases in the state actually make it to a trial. Instead, most cases settle out of court, and that leads many involved in a civil case to think about both the advantages...
Settlement Before Trial Out of Court
Studies have shown that very few cases actually end up in a trial by judge or jury. Instead, many seek a settlement before trial, and for good reasons. There are a number of advantages to an agreement that helps settle a case out of court, both for plaintiffs and...
Mediation Tips: What Not to Say During Mediation
Mediation is a delicate process. One of the best options for dispute resolution, it can be used in virtually every kind of case. To be successful, though, mediation means interested parties working together toward a settlement, and there are many different things that...
5 Important Things to Know About Mediation
While mediation is the answer in many different settings, understanding the right time to use mediation, the requirements for mediation, and the right time to pursue other opportunities is absolutely essential.
When is the Right Time to Use Mediation?
While mediation is the answer in many different settings, understanding the right time to use mediation, the requirements for mediation, and the right time to pursue other opportunities is absolutely essential.
Should I Settle or Go to Trial?
In many legal settings, there are two options on the table – settle or trial. You have the option of settling your case before you ever even go to trial,
5 Characteristics of a Great Mediator
Mediating is an incredibly rewarding profession. Unfortunately, most of us aren’t quite sure how to approach marketing our services, making it difficult for mediators
How to Get More Mediation Referrals from Lawyers
Mediating is an incredibly rewarding profession. Unfortunately, most of us aren’t quite sure how to approach marketing our services, making it difficult for mediators
The Value of an Attorney Opening Statement In Mediation & Why It’s Important
There’s quite a bit of mixed advice on the importance of an attorney opening statement in mediation today. Some attorneys often waive opening statements in mediation and go directly into negotiations.
5 Tips for How to Write a Mediation Summary
A good mediation summary includes key components of the narrative and should include a brief summary of the legal issues of your case, so you should know how to write one.
4 Tips: How to Grow Your Law Firm With Attorney Networking
Writer Porter Gale said, “Your network is your net worth.” While attorneys don’t often focus on the business of running a law firm, the reality is that they should. Understanding how to grow your law firm is understanding how to continually find clients even when...
5 Networking Tips for Lawyers
As a lawyer, what are the most important tools in your toolbox? Encyclopedic knowledge of your area of specialty? The ability to communicate effectively with clients, judges, juries, mediators, insurance companies, law enforcement, medical professionals, etc.?...
Where to Find the Best CLE Resources
As a legal professional, your education does not stop after you leave the classroom. If anything, it only intensifies. You learn every single day on the job, and each client, each proceeding, each outcome teaches you something new. And, of course, you need to complete...
7 Cheap Florida CLE Opportunities
Just because you have left the classroom behind, does not mean that your education is over. Far from! Whether you are embarking on your first days on the job or you are a veteran with decades of experience, continuing legal education is essential. Not only does...
6 Advantages of Alternative Dispute Resolution
The fact of the matter is that the majority of legal disputes are resolved before going to trial. The process by which these conclusions arise is called ADR, or alternative dispute resolution. ADR is commonly practiced in every state and usually ordered by the court – with good reason. Read on to learn…
Binding vs. Non-Binding Arbitration: What’s the Difference?
Conflicts are a part of life. However, when conflicts are legal and often sensitive in nature, arbitration is a tool that becomes available to resolve them. The process of arbitration is very similar to a trial in that the legal representatives of both parties make...
15 Negotiating Tips and Tricks to Use in Mediation
When disputes or conflicts develop, clients often are encouraged to enter into mediation. Unfortunately, some lawyers do not have a sound strategy for mediation and often this results in a less favorable outcome for his or her client. To obtain positive outcomes for...
Trial vs. Mediation: What’s Better for Your Client?
You have heard the expression, “When you only have a hammer, everything looks like a nail”? In other words, you have one tool, and you’ll use it for any job. Unfortunately, this often applies when it comes to resolving disputes. The difference between trial and...
Mediation Styles: Which Is Best for Your Dispute?
What kind of mediation style is best for your dispute - and which will help pave the road for a reasonable resolution? Many people are not aware or have incomplete knowledge of different mediation styles. Mediation is not one-size-fits-all. Knowing about different...
Tips for Arbitration Success
“Arbitration” can seem like an intimidating word. While it is a method of resolving disputes outside of the courtroom, arbitration is binding, and decisions are enforceable in a court of law. It’s the final word, as it were. After reviewing evidence and hearing...
10 Reasons to Consider Arbitration
There are many reasons to consider arbitration, including expedience, discretion, and cost. Read on to learn the top ten benefits of arbitration now.
Resolving Homeowner Association Disputes
Resolving homeowner association disputes prior to litigation can be extremely beneficial. Learn about a cost-effective and timely solution to HOA disputes.
Zoom Mediation Tips
If there is one thing on which virtually everyone can agree, it is that COVID-19 has been a tremendously disruptive force. Ripple effects have been felt in every sector, from the economy and business to the workplace and interpersonal relationships. We have had to...
7 Benefits of Mediation
When you are enmeshed in disputes, attempting to resolve them can be antagonistic, adversarial, time-consuming, and, of course, expensive. And quite often, one or even both sides are dissatisfied with the process and the results. Mediation is an alternative method of...
Breakthrough Mediation & Arbitration, LLC Acquires ARC Mediation in Merger
Combination Creates Unparalleled Resource for Mediation Services in South Florida WEST PALM BEACH, Fla. — Breakthrough Mediation & Arbitration, LLC has acquired ARC Mediation in a merger. The combination of these two full-service alternative dispute resolution...