Brian Rokaw’s shared story

I once had a mediation over a dispute involving a rather large security deposit for a fancy high rise condo. As is the case with most disputes, I could make fairly solid arguments for both sides and in this instance I represented the former tenant.

My client acknowledged (privately) that they had some issues that would not play into their favor. It always helps when the expectations are appropriate based upon the facts and circumstances going into the mediation. The client fully expected to settle for less than half of the deposit but we were there to get them as close to the full amount as possible.

After nearly two hours of arguments, caucuses and negotiations I asked to take a 10 minute recess. During this time I discreetly asked the office manager at the mediation center to brew a fresh pot of coffee and to turn the air conditioning down 5 degrees.

I don’t drink coffee – and I didn’t know if anyone else does either – but I do know that the smell of coffee supposedly has a subconscious calming effect on the human psyche. I also know that when the temperature in the room cools down to slightly below what your body has become acclimated to that you are more likely going to not prolong your stay.

While psychology does not always work sometimes you have to consider unconventional (yet ethical) tactics in an effort to expedite the mediation (so long as it benefits your client). In this instance, we settled 30 minutes after we resumed the mediation and agreed to a 70/30 split in my client’s favor. No one drank the coffee.

This entry was posted in Shared Stories. Bookmark the permalink.

Leave a Reply

Your email address will not be published. Required fields are marked *

Call Now (786)-897-4381

or Contact Us Below

verification
florida bar florida bar
logo
gables
district

William C. Sussman Law, P.A. © 2000 - 2018

P.O. Box 565175 - Miami, Florida 33256 - Telephone: (786)-897-4381 - Facsimile: (305) 667-8743