List of all Blog Articles

The Importance of Body Language in the World of Video-Conferencing

  We all know how significant the slightest gesture can influence the outcome of a trial. As a Certified Florida Mediator who previously spent many hours in the courtroom, this is a topic close to my heart. Much has been said on this topic and I won’t bore you with a recital of the many […]

Justice Delayed is Justice Denied (getting over your techno-phobia)

  So many articles, so many words written about video-conferencing and remote proceedings these days, and rightly so. But, since March when the pandemic grabbed us, I have noticed a clear sea change in the way my clients are accepting video-conferencing versus live mediations. Now, the callers are assuming we will go remotely, whereas early […]

May a Florida Certified Mediator Serve as an Arbitrator in a Case the Mediator has Previously Mediated?

The concept of Med/Arb (mediation/arbitration) suggests certain issues that have come up before The Florida Supreme Court Mediator Advisory Committee. Following a mediation that has impassed, what happens if the parties request the mediator to put on a different hat and act as arbitrator, binding or non-binding? What happens when confidential information is shared by the […]

5 Things to do When Conflicts Arise Between Business Partners

These times may be challenging and may lead to more business disputes than usual. If you encounter a major dispute with your business partner that may jeopardize the future of your business, consider these five things: 1. Try to Avoid Conflict by Planning Ahead of Time Many conflicts can be avoided by planning. Having a […]

The Advantages of Mediation in Resolving Family Disputes

Mediation is a form of alternative dispute resolution that takes feuding parties and aligns their interests to ultimately achieve an amicable settlement. For decades, Rich Smukler Mediation has helped guide parties through the process of mediation and yielded successful results time after time.  Some of the benefits of mediation that make it worth considering to […]

Resolving Investor Disputes

I am proud to have served FINRA for over ten years and am certified as a FINRA Arbitrator and Mediator. Arbitration and mediation are two distinct ways of resolving securities and employment disputes between and among investors, brokerage firms and individual brokers, and offer a prompt and inexpensive way of resolving issues. Investors can file […]

Preserving Business Relationships during the Coronavirus Crisis

These are indeed crazy times as we navigate through a maze of financial and physical stresses. Ranse Howell correctly points out that “We live in a connected world with intricate networks of supply chain and service relationships and any delay can result in multiple commercial challenges.” As a mediator, I am often asked, why did […]

Preserving Confidentiality

There are many positives to video-conferencing during this whacky world we are now working through. However, there are some precautions that need to be taken. As always, the issue of confidentiality is of utmost importance whether in-person or via video conference. The last thing you want to see happen is a challenge to a hard […]