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You are here: Home / Blog / Mediation… Most of the time a good thing.

Mediation… Most of the time a good thing.

February 22, 2017 By David Sacks

Currently about 80 to 90% of all cases which are sent to court ordered mediation settle and so therefore this is a good tool for courts to use to manage the court schedules and also to assist litigants in reaching a resolution which has finality and certainty and much less risk and investments of time, energy, effort and money.

You have to watch out though because at the end of the mediation you may think you have an agreement but you really don’t.   Many mediation agreements contemplate a general release document being drafted and agreed to by the parties as a condition of the settlement reached at the mediation, but that document is only drafted days after the mediation conference is over.  If such a document is required as a condition to the settlement actually going through, then you really haven’t reached a settlement quite yet and sometimes this could lead to much difficulty, consternation and out right animosity between the parties trying to jockey for position so as to be in the best situation in the event that the settlement agreement and/or general release document fails or is breached by one party or both.

So the moral of the story is that as you’re walking out of the mediation and you think you have a settlement but you have a lawyer who’s telling you that you and the other side still have to agree on a general release document, don’t go out and buy a new car yet with the money.   There is still a chance you may not get any money as a result of the settlement because there may not be a settlement.   Make sure you ask your lawyer about the issue of the drafting of a general release document and what types of issues may arise, and also try and have your lawyer deal with all these issues at the mediation rather than put it off.  The hardest time this can be done however is when it’s midnight, the parties have been mediating for 18 hours, and everybody wants to go home. Or some thing like that. Try to avoid those situations but even if you find yourself in that situation, or something like it, resist the temptation to walk out the door leaving things undone. It’s better to get it all done while everyone is still together instead of trying to do it via email, fax, phone or text message days later when people aren’t so caught up in the process and may not be so pliable.

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David Sacks was my lawyer in a custody case many years ago. He treated me with respect and kindness. My children are grown now and I thank him every day for the effort and work he put into my case. He is a very trust worthy person and he has always had my respect throughout the years. ~ Cynthia
I am in final of the case, not allowed to explain details but David B. Sacks is an excellent Attorney, I am very satisfied with his services and professionalism! I highly recommend him. ~ Discrimination Client
I was able to obtain the best legal representation there was available when Mr. Sacks took over my employment case. Due to the nature of the case I had almost lost all hope. Fortunately Mr. Sacks took my case and with a realistic approach obtained all the information necesary to back up my legal petition. He and his office employees know what they are doing and deliver the best outcome possible. They are the best! - Employment Client
Last fall I found myself in a sad predicament; I had to replace my attorney who had originally handled my EEO case. I called/emailed/requested help through attorney personal websites, and the Florida Bar for a replacement within my short deadline. Over sixty attorneys either failed to respond or turned me down. I was than referred to Attorney David Sacks in Jacksonville and four months later this EEO matter was mediated and settled. If you are looking for an attorney who will tell you exactly what you should/should not expect, one that is open and honest, one that keeps you informed so that you always know where you stand, I whole heartedly recommend Mr. Sacks. I hope I never need another attorney, but if I do, I will be calling Mr. David Sacks. ~ Nancy Kineer-Luckey
David B. Sacks, PA - Jacksonville Attorney

About David B. Sacks, PA

Experienced Employment Lawyer in Jacksonville, Florida At the Law Office of David B. Sacks, PA, we provide people with straightforward legal advice and skilled representation in a variety of practice areas. Unlike other firms, we don't tell you what you want to hear, we tell you what you need to hear. Whatever your legal needs are, you can count on us to steer you toward success. Mr. Sacks was born in New York City, New York. He graduated with honors and obtained his Bachelor's degree in 1988 from North Texas State University. He received his Juris Doctorate in 1991 from University of the Pacific, McGeorge School of Law with Honors and Order of the Coif. He was admitted to both the Florida and California Bars in 1992. In 1994, he was admitted to practice in the U. S. District Court, Middle District of Florida. In 1995, … Read More »

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