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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.

Secrets of Mediation: Part 3

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

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

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

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

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

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

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

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

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...

Five Stages of Mediation

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

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

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

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

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 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

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?

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.

5 Networking Tips for Lawyers

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

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

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

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…

15 Negotiating Tips and Tricks to Use in Mediation

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?

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?

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

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...

Zoom Mediation Tips

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

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...