Trial Lawyers and Mediators Host First Litigator Mediator Forum

It was my honor to co-emcee the first Litigator Mediator Forum on April 1, 2021. Nearly 60 judges, litigators and mediators came together via Zoom to discuss new and innovative ideas for making mediations more efficient and productive. The partnership created between the Trial and Mediation Sections of the Hillsborough County Bar Association, (HCBA), was even more important this year due to the backlog of over 1.5 million cases caused by the pandemic which is currently challenging Florida courts. The Forum was led by a panel of three trial lawyers and three mediators. The trial lawyers, who were chosen for their...

Continue reading

How to Successfully Mediate Employment Claims

Working in employment law for 30 years as a trial lawyer, in-house counsel, and now as a mediator, had left me feeling that I had seen it all.  Nothing prepared me, however, for the year-long interruption of civil trials caused by Covid-19.  Employer and employee litigants were left without the means to resolve employment claims in court.  The consequent backlog of civil lawsuits has led parties to utilize mediation in greater numbers.  Because employment claims are more complex than other types of litigation, success at mediation requires counsel to carefully choose the right time, the right mediator, and the right...

Continue reading

Hard Knocks: Lessons Learned from the Trenches of Zoom Mediation

Zoom Mediations Oehler Mediations Harold Oehler Mediator

Hard Knocks is a television documentary about the tough lessons learned in NFL training camp. As Zoom mediations have become more prevalent, significant lessons have been learned which provide a winning game plan when using this technology.    Success on the football field requires coordination of offense, defense and special teams.  Similarly, a successful Zoom mediation requires coordination of counsel, the client and the mediator. Counsel must ensure that the client has the equipment and know-how to effectively participate. If the client attends from a separate location, a computer with an Ethernet, hardwire connection provides a better viewing experience, and a...

Continue reading

Top Ten Zoom Mediation Traps And How to Avoid Them

Zoom Mediation Traps Oehler Mediation Legal Blog

Zoom mediations have exploded in popularity due to social distancing and delayed trial dockets. Not only is Zoom easy to use, it is also a very convenient and inexpensive way to mediate with parties from remote locations. While the vast majority of Zoom mediations go off without a hitch, our early experiences have taught us many lessons about what not to do during a Zoom mediation.  Here are the 10 most significant Zoom mediation traps and how to avoid them.    1. Inadvertent Disclosures You and your client log into a mediation from different locations.  The mediator has not yet joined. ...

Continue reading