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.
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...
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...
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...