Thriving Under Conflict Stress: Exercise, Meditation, Sleep and Connection as Your Allies

May is Mental Health Awareness month, so let’s talk about stress and its effects! Litigators and trial lawyers are some of my favorite people because of the intense work ethic and bravery they have. Not only do they have to go to college, law school, and pass the bar exam- but then they must spend years honing the craft of persuasive argument while also practicing the delivery of that argument to seasoned litigators, judges, and lay people. It takes a special kind of person to be able to stand in front of a group of strangers in a court room, pour their heart out in argument for their position, and then wait in suspense as they decide whether to believe them or not. Waiting for a verdict can be some of the slowest moments a trial lawyer will ever experience in their life. But all that intensity sometimes comes at a price. The effects of that stress on the body eventually take a toll, especially as litigators grow in their careers.

Conflict and litigation – whether you’re the attorney or the client – can feel like an endurance test for both mind and body. The legal profession is notorious for its high-stress environment: lawyers juggle multiple cases, strict deadlines, and complex adversarial situations. The impacts of this stress do not stop with the attorneys, however, as the parties to the legal disputes also often experience chronic stress symptoms such as insomnia, impaired concentration, and even physical illness. This type of conflict can keep the body’s fight-or-flight response stuck in overdrive where stress hormones like cortisol and adrenaline flood our system, raising anxiety and causing negative effects on our health.

So, what can be done about it? Well, the good news is that science shows healthy lifestyle habits can act as powerful buffers against this stress. Regular exercise, meditation, sound nutrition, adequate sleep and meaningful connection with others can counteract the body’s stress response in unique ways. These aren’t just “feel-good” tips – they are evidence-based practices that calm the nervous system and build mental resilience. Below, we explore the science behind how each habit impacts your body’s response to stress and offer practical advice to fit them into a busy litigation lifestyle. Whether you’re a trial attorney facing the pressures of the courtroom or an individual battling through a high conflict lawsuit, these habits can help you stay calmer, clearer, and healthier when the stress is high.

Exercise: Physical Activity as Stress Relief

Breaking a sweat is one of the most effective natural stress remedies. When you exercise, your body chemistry changes in ways that blunt the stress response. Physical activity lowers levels of stress hormones like cortisol and adrenaline, while simultaneously boosting endorphins – the brain’s feel-good neurotransmitters. This surge of endorphins is what produces that post-workout “runner’s high,” a relaxed and optimistic feeling after moderate or intense exercise.[i] Exercise also helps the body practice dealing with stress by imitating the fight-or-flight response in a healthy context. These small micro-stress sessions help to train the body how to deal with stress in a safer environment. Over time, regular exercise can reduce the physical effects of stress – for example, it lowers resting heart rate and blood pressure, improves your body’s stress tolerance, and protects against stress-related illnesses. Beyond the biochemical effects, there’s a psychological boost too. Spending time dedicated to exercise also provides a mental timeout from legal worries. Focusing on weightlifting technique, a yoga pose, or simply the rhythm of your breath while running can pull your mind away from case anxieties and into the present moment. Regular workouts also improve self-confidence and sleep quality, both of which fortify you against daily stress. But how do you fit in the time to exercise when you are working all the time? Read below to find out!

Tips to Fit It In: Incorporating exercise into a busy, high-pressure work-life can be challenging, but it’s doable with some strategy:

  • Early Morning, Micro-Workouts or Transition: Everyone has a different schedule, so pick the time that works for you to be most successful at exercising. Whether you are an early riser or prefer to exercise after a stressful day, schedule the time so that it actually happens. Another option is to do 10–15 minute “micro” workouts during work day breaks – these short bursts of activity can lower tension and re-energize your mind.[ii] A walking treadmill at your desk is also an easy way to get in additional steps.

  • Mix Enjoyment with Movement: Pick activities you actually enjoy so that exercise isn’t another dreaded task. Whether it is doing a spinning class with a friend or taking a hike in nature, it is important to associate positive feelings with the exercise in order to create the habit.

  • Stack it with Routine: Tie exercise to an existing daily habit. For example, walk your dog in the morning and take an extra loop, or do a set of body-weight exercises right after you log off your computer each evening. Embedding movement into your schedule makes you less likely to skip it when things get busy.

Mindfulness & Meditation: Training the Relaxation Response

When stress from conflict is sky-high, mindfulness meditation is like a pressure valve for your nervous system. While meditation is certainly having a popularity moment, it has been used for centuries in many various forms to elicit the relaxation response. During meditation (or deep breathing, yoga, prayer – any mindful relaxation technique), the parasympathetic nervous system is activated, sending your body a message that it’s safe to calm down. Heart rate and blood pressure drop, muscle tension eases, and brainwave patterns shift. But being calm is not the best side effect- regular meditation practice can lower stress hormone levels, promote clearer concentration, improve cognition, encourage creative thought and empathy- and also help to reduce reactivity. A regular meditation practice can truly offer not only a “calm in the storm,” but can also help provide those “eureka” moments that lead to professional success.

Tips to Fit It In: You don’t have to escape to a monastery or chant for 5 hours a day to reap the benefits of mindfulness. Here’s how busy professionals can weave meditation into their day:

  • Check out an App or Watch a Few Videos: There is a veritable plethora of information on how to meditate online. From free Meditation Apps to “how to” videos on YouTube or TikTok, it is easy to learn how to meditate. If structure is better for you, consider a meditation app with scheduled sessions. If you prefer less commitment, try watching a few videos or perhaps even just doing it on your own.

  • Start with a Few Minutes: Begin with just 3–5 minutes of quiet breathing each day. For example, while you have your morning coffee or while you sit at your desk, close your eyes, and focus on slow, deep breaths for a few minutes. Even short sessions can start training your relaxation response. As it becomes comfortable, gradually increase the time. What really matters is consistency, not necessarily length of time. The more often you do it, the quicker you can reach that “calm in the storm”. In the beginning, just aim to do it daily or at least a few times a week. Over time, with consistent practice, you can do lengthier sessions if you wish.

  • Breathing Breaks in High-Stress Moments: When you feel stress surging (heart pounding before a big hearing or anger rising during a contentious meeting), take a strategic timeout. Excuse yourself for a bathroom break or simply pause at your desk to do a one-minute breathing exercise: inhale for a count of 4, exhale for count of 4 or 6, and repeat. This kind of slow, extended exhale breathing activates the vagus nerve and quickly calms the sympathetic “fight or flight” response. After some time of consistent practice, these moments of awareness will become second nature and you can train your body to automatically relax.

  • Mindfulness in Routine Activities: Not all mindfulness looks like sitting on a cushion. You can practice being fully present during everyday tasks such as when walking or doing a basic task like washing the dishes. The focus is to be present and stop the mental muti-tasking or run-away thoughts that have become so pervasive in our everyday lives. Sometimes, by just being “present,” the body will calm down.

Sleep: Recovery for Body and Mind

Sleep is often the first casualty of high-stress periods like trial prep or waiting for a verdict. Ironically, it’s also one of the most crucial factors in managing stress and maintaining mental health. Quality sleep restores a sense of balance in the brain and body that nothing else can. During deep sleep, stress hormone levels naturally fall and the brain’s emotional circuits reset, which is why after a good night’s sleep we typically feel more stable and less reactive. On the other hand, even one sleepless night can send stress levels skyrocketing. There is a documented link between sleep deprivation and increased cortisol levels in the body, meaning your body is literally acting as if under attack when you haven’t had enough rest. Over time, poor sleep not only harms health and concentration, it also erodes your emotional resilience, making you more susceptible to anxiety, depression, and burnout. For lawyers and litigants, prioritizing sleep is not a luxury – it’s a necessity. Sufficient sleep (experts recommend 7–9 hours for most adults) improves cognitive functions critical to legal work: memory, focus, complex reasoning, and emotional regulation. It’s much easier to manage a heated negotiation or unexpected setback when you’re well-rested; you’re less likely to snap at others or make reckless decisions. Conversely, chronic sleep loss lead to slower reflexes and impaired reasoning. By getting regular, high-quality sleep, you allow your body to physically dissipate stress hormones and your mind to consolidate memories and reset mood. If there is one keystone habit for wellness under stress, sleep is it.

Tips to Fit It In: When you’re busy and stressed, making time for sleep and improving its quality will pay dividends. But that can feel like an uphill battle. Here’s how to prioritize sleep even during a hectic litigation and work schedule:

  • Build Your Sleep Castle: Set the stage for recuperative sleep- review your bedroom environment and take an audit. Is it calming? Are there any disturbing lights? Is there ambient noise that can disturb your sleep? Are your bed and sheets comfortable? How is the temperature? Review your bedroom and make sure that it is truly the most calming place it can be. Sometimes that even means removing TVs or computers if they have lights or noises that cause you to wake up.

  • Protect Your Time Window: Treat sleep as a non-negotiable appointment with yourself. Aim for a consistent bedtime and wake time, even if work is demanding. For instance, if you know you have to be up by 6:30 AM to get to court, try to have lights out by 11:00 PM at the latest. This might mean setting an alarm at night reminding you to start winding down by 9 or 10 pm at the latest. Avoid the temptation to steal hours from sleep to get just one more task done – chronic shortcuts here will cost you more in efficiency and well-being long term.

  • Create a Wind-Down Routine: It’s hard to go from the adrenaline of late-night trial prep straight into peaceful slumber. Develop a pre-bedtime routine that signals your brain it’s time to disconnect. This might include 30 minutes of reading (non-work related) or listening to calming music, taking a warm shower, doing gentle yoga stretches, or practicing a relaxation technique like deep breathing or progressive muscle relaxation. Many find it helpful to limit electronic screens in that last half-hour because blue light from devices can trick your brain into wakefulness. If the news or social media tend to get you down, resist the temptation to take your phone with you to bed- it can be hard to fall asleep after reading or watching content that causes stress. Consider dimming lights and keeping the environment cool and dark – setting the stage for quality sleep.

  • Manage Work and Naps Wisely: Naps are not just for babies! Research indicates well times naps can help with stress levels and concentration. If you’re working very long hours, you might consider a power nap (15–20 minutes) in the afternoon to recharge – but be careful not to nap too late in the day or for too long, as that can interfere with nighttime sleep. Additionally, try to wrap up intense work a bit before bedtime. For example, resist the urge to read deposition transcripts until bedtime- instead try to stop at least 30 minutes before so the brain has time to calm down for sleep.

  • Address Sleep Problems Proactively: If stress is keeping you from sleeping or causes you to wake up after just a few hours of shut-eye, don’t accept sleeplessness as unavoidable. Use relaxation techniques at bedtime to help ease your body into sleep. Some people find white noise machines or phone apps with soothing sounds helpful to drown out a busy mind. To avoid the dreaded 2 AM wake up, try watching your intake of caffeine, stimulants, and alcohol, especially late in the day. Surprisingly, caffeine can linger for hours, and while alcohol might make you drowsy, it fragments your sleep quality and can lead to fitful bouts of midnight waking. But even if you do wake up, strategies like meditation and “box breathing” can help you fall back to sleep quickly. Research indicates that some of the most restorative sleep follows the Circadian rhythm. If insomnia, frequent waking, or anxiety about sleep becomes persistent, consider reaching out to a healthcare professional for additional strategies. Remember, getting the rest you need is one of the most effective ways to reduce stress and be at your best not just in the legal arena but also in the rest of your life.

“Zoom Fatigue”: The Hidden Energy Drain

It’s not all in your mind- fatigue when using virtual video platforms is real and we are slowly learning why and how it happens as remote work and virtual hearings have become common in legal practice. While virtual meetings have made access to legal proceedings easier than ever, a new kind of exhaustion has taken center stage. Many attorneys, judges, legal staff, and clients alike report feeling drained after a day of virtual meetings. Stanford researchers have studied the phenomenon and identified four major contributors to this exhaustion: excessive close-up eye contact, constant self-viewing, limited mobility, and increased cognitive load required to process nonverbal cues over video.[iii]

Unlike in-person interactions, where our peripheral vision helps us absorb cues and body language naturally, video calls and virtual meetings require intense sustained focus on a small screen to interpret tone, facial expressions, and engagement – all while simultaneously managing our own appearance and background. This creates a kind of hypervigilance, triggering stress. Moreover, on video we often feel compelled to appear “on” at all times, which increases emotional labor.[iv] For trial lawyers used to the quick dynamic nature of courtrooms or conferences, this way of working can feel particularly unnatural. And for litigants or clients, attending virtual hearings or depositions from home can blur boundaries, increase distractions, and increase stress.

Tips to Reduce Virtual Platform Fatigue:

  • Turn off self-view during calls when possible to reduce strain and subconscious anxiety.

  • Consider using a real background instead of blur. Early research on how backgrounds are perceived by virtual platform users indicates that viewers are consciously and subconsciously curious about what may be in the blurred background. This can cause other zoom participants to lose focus on what you are saying or showing as well.[v]

  • Schedule screen breaks between meetings if the meeting may go over an hour at a time.

  • Use phone calls instead of video when face-to-face isn’t essential.

  • Consider a sit/stand desk that allows you to get up from your chair even while you are on zoom.

  • If you have a wireless headset, you can take calls while walking around the room or at least stand.

  • Consider a desk walking pad, treadmill or under-the-desk cycle machine if you are tied to zoom for hours on end, such as for a deposition or meetings. It is easy to install these under a sit/stand desk and with proper camera positioning, you can move on the walking pad without it affecting how the camera captures you. Just a little bit of movement each hour can make a life altering difference to your energy level and physical

  • Have drinks and snacks handy if the meeting takes over an hour. Talk to the participants about mealtime expectations- don’t assume they will break for lunch or dinner!

  • Manage expectations and set clear start and end times for virtual meetings to protect boundaries.

Understanding and acknowledging video conferencing fatigue isn’t just about comfort – it’s about preserving mental bandwidth in a high-stress profession. The screen may be efficient, but it can come come at a neurological cost. Managing this kind of fatigue intentionally can help maintain clarity and composure, both during conflict and throughout your legal day.

Connection: The Superpower Hidden within All of Us

While stress can cause many physical symptoms, it has many intangible effects as well. By far one of the most far-reaching is its ability to foster and encourage loneliness. When people are under stress, they naturally self-isolate out of fear or anxiety or just being plain overwhelmed. In addition, when countless hours are needed to finish complex projects or to prepare for a trial, it is to be expected that litigators and litigants alike will experience loneliness.[vi] But the legal profession is not alone in dealing with this issue, social disconnection has become so pervasive that numerous countries have appointed special ministers to combat what they consider the significant public health crisis of loneliness.[vii] Between the isolation caused by electronic devices, the discord prevalent over social and political issues, and the overwhelming demands of work, it is no wonder that many lawyers continue to feel the intense feelings of loneliness on a daily basis. However, as with the other effects of stress, this too can be changed with a few simple strategies.

Tips to Foster Connection:

  • Volunteer for something that you are passionate about: Sometimes loneliness is caused by not having others interested in the same topics you are. If you are passionate about art or dogs or something else- consider volunteering just a few hours a month with an organization in that area. You will soon meet like minded people that will connect with you in an area you enjoy.

  • Sports and Exercise: If exercise is one of your favorite stress relievers, consider doing it with a buddy. Whether it is a jogging partner, someone that can spot you on deadlifts or a pickleball buddy, having a partner doing a physical activity with you can not only help you exercise consistently, they can also foster connection and positive feelings.

  • Hobbies are not just for retirees: With the intense time commitment needed to be successful as a litigator, it can seem impossible to have a hobby. But being lonely can in and of itself become a hobby. Consider taking up an art class or gardening club – or perhaps doing something you have never done before such as Improv Comedy. Sharing a similar interest can foster connection and promote positive feelings that will far outlast the time spent on the activity.

  • Not every lunch needs to be at your desk: Its really easy to just sit at your desk for every meal- but those are lost opportunities to not only get some exercise but to also foster connections with coworkers or to maintain friendships with people outside of work. Whether it is just meeting for a 15 minute brown bag lunch or a two hour wine and dine- sharing a meal with others is a great way to reset the mind and create a buffer from the stress of work.

  • Smile and Say Hello: It can be hard to put yourself out there to make new friends or connections. There are a multitude of reasons why that might feel incredibly uncomfortable or anxiety inducing. But as anyone that has watched a class of kindergartners on the playground has realized, at our core we all want to belong and we all just want to be friends. In her podcast, The Happiness Lab, Dr. Laurie Santos tackles the difficulties of making friends as an adult and offers a slew of strategies in her episode “The Secret to Making Friends as an Adult.”[viii] In another episode, she tackles specifically the challenges that introverts face when trying to make friends.[ix] So to quote Mr. Rogers, “Won’t you be my neighbor?”

Conclusion: Building Resilience in the Legal Arena

Chronic stress from legal conflict is a formidable opponent – it can wear down even the toughest individuals. But by proactively nurturing these four pillars of well-being (exercise, meditation, sleep and connection), you equip yourself with a personal toolkit for stress management. Think of it as strengthening your resilience muscle: each healthy habit reinforces your body’s natural defenses against stress. For lawyers, prioritizing wellness is not only about feeling better, but also performing better. A litigator who has healthy habits in place and has taken a moment to center themselves is going to be sharper and more composed than one running on junk food and a few hours of sleep. And for clients, maintaining these routines can make the legal process less overwhelming, giving a sense of control amidst uncertainty. Of course, in busy seasons you might falter – a trial week might mean missed workouts, an all-nighter, and increased stress levels. And you know what- that’s okay. Short periods of intense stress are normal and can even be helpful for buidling resilience. What we want to avoid is the chronic overwhelming stress that can cause significant health issues over time. The key is to build habits over the long run and return to them when you can. Even small steps, like a 5-minute meditationm parking far to get more steps, or choosing a salad over fast food, add up and signal to your body that it’s okay to relax.

In times of conflict, taking care of your physical and mental health is not indulgence, but essential self-care. By integrating exercise, mindfulness, connection and sleep into your life, you’ll be better equipped to handle the pressures of litigation with a clear mind and steady nerves. In the end, reducing stress isn’t about eliminating conflict, but about strengthening yourself to face it. With these practices in your routine, you can walk into each day feeling more grounded, resilient, and ready for whatever challenges the legal battlefield brings.

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Navigating High Conflict: Tools and Insights for Tough Interactions

High-conflict situations—whether in relationships, the workplace, or society at large—can feel like emotional minefields. This experience is increasingly common: maybe you’re navigating a difficult divorce, co-parenting with an ex, managing workplace disputes, trying to stay connected to estranged family, or stuck in a romantic relationship that feels more explosive than supportive.

The good news? You’re not alone—and a growing body of research is shedding light on how high conflict develops and, more importantly, how we can move through it.

In High Conflict: Why We Get Trapped and How We Get Out, journalist Amanda Ripley explores how ordinary disagreements can escalate into all-consuming battles. She explains that high conflict often arises when identity, fear, and certainty override curiosity and connection. “High conflict is what happens when the normal rules of engagement break down—and emotion takes over,” she writes. Ripley encourages us to resist polarization and instead engage with humility and inquiry—tools that help de-escalate even the most entrenched disputes. As she puts it, “Curiosity is a powerful antidote to high conflict.” The book provides real world examples of high conflict and is an overview of this type of conflict as it operates in our broader society.

Organizations—including governments, universities, workplaces and more—are also recognizing that high conflict isn’t just disruptive; it’s costly. Over time, conflict within teams that does not get resolved can lead to loss of valuable talent, reduce employee morale and cost companies significantly in terms of lost productivity and profits. But organizations can do something about this. Carnegie Mellon University, for example, offers an online resource through its Student Affairs division that defines high conflict and provides tools for managing it: CMU Student Affairs – Civility – High Conflict. By educating students early, they aim to prevent conflicts from escalating beyond repair. Other organizations, including private companies, are increasingly reaching out to professionals that can train their employees on how to recognize and resolve these types of conflict and promote the valuable team work that is the hallmark of every successful organization.

For those in intimate partnerships, Help for High-Conflict Couples by Jacqueline Wielick and Jenny Estes Powell offers a compassionate and practical guide. The authors provide strategies to interrupt cycles of blame and defensiveness, instead emphasizing empathy, validation, and boundary-setting: “Even in the most reactive relationships, small changes in how we respond can create space for healing.” Their book includes exercises and techniques to help couples break free from painful dynamics. Additional tools are available at their website and and on their YouTube channel.

No discussion of high conflict would be complete without Bill Eddy, a therapist, lawyer, and co-founder of the High Conflict Institute alongside Megan Hunter. Eddy has written extensively on managing high-conflict personalities, and has a plethora of excellent books on dealing with this subject. A great book to start with is BIFF: Quick Responses to High-Conflict People. It offers a simple but powerful framework for communication. “BIFF” stands for Brief, Informative, Friendly, and Firm—a method that helps keep your message clear and reduces emotional escalation. Whether you’re responding to a hostile text or navigating co-parenting emails, BIFF can help you stay grounded and avoid feeding the drama.

Eddy’s book High Conflict People in Legal Disputes further examines the behavioral patterns behind prolonged legal battles—traits like all-or-nothing thinking, unmanaged emotions, and constant blame. Recognizing these patterns early is key. As Eddy writes, “High conflict people aren’t just difficult—they follow predictable patterns. Recognizing them is the first step to managing them.”

While we can’t always avoid high-conflict situations, we can control how we engage with them. Across all these resources, one message stands out: high conflict isn’t just about “difficult people”—it’s about predictable dynamics that can be understood, managed, and even changed. The key lies in our own responses. Whether you’re a professional peacemaker or someone caught in the crossfire, these insights offer clarity, hope, and a path forward.

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The Value of Mediation in Family Law Cases in Florida

When families face legal disputes, emotions run high, and tensions can escalate quickly. Whether dealing with divorce, child custody, or support issues, finding a resolution that benefits all parties involved is crucial. Mediation is an effective and often underutilized tool in Florida family law cases, offering a path to resolution that is less adversarial, more cost-effective, and ultimately beneficial for all involved.

What is Mediation?

Mediation is a voluntary, confidential process where a neutral third-party mediator helps disputing parties communicate and negotiate an agreement. Unlike litigation, which involves court proceedings and a judge’s ruling, mediation allows the parties to maintain control over the outcome and work collaboratively toward a mutually acceptable solution.

Why Mediation is Valuable in Family Law Cases

  1. Reduces Conflict and Promotes Cooperation

Traditional courtroom battles can be contentious, leading to prolonged stress and damaged relationships. Mediation fosters open dialogue, helping parties focus on problem-solving rather than blame. This cooperative approach is especially beneficial in cases involving children, where maintaining a working relationship between parents is essential for co-parenting.

  1. Cost-Effective Alternative to Litigation

Legal battles can be expensive, with attorney fees, court costs, and lengthy proceedings draining financial resources. Mediation is often significantly more affordable, as it typically requires fewer billable hours and avoids drawn-out court proceedings.

  1. Confidential and Private

Courtroom proceedings are public records, meaning sensitive family matters may become part of the public domain. Mediation, on the other hand, is a private process, allowing families to resolve disputes without public scrutiny.

  1. Empowers Parties to Make Their Own Decisions

Rather than having a judge impose a ruling, mediation allows the involved parties to craft an agreement tailored to their unique needs and circumstances. This sense of control often leads to greater satisfaction with the outcome and higher compliance rates with the agreed terms.

  1. Faster Resolutions

Court cases can drag on for months or even years, prolonging uncertainty and emotional distress. Mediation is typically much quicker, enabling families to move forward with their lives sooner rather than later.

  1. Preserves Family Relationships

Litigation can strain family ties, making it harder for parties to communicate after the case is resolved. Mediation encourages respectful dialogue, helping to preserve important family relationships, particularly between co-parents who will need to interact regarding their children.

Is Mediation Right for You?

Florida courts strongly encourage mediation in family law cases, and in many instances, it is a required step before proceeding to trial. The Florida Supreme Court has established rules governing mediation, ensuring a fair and structured process for all participants. Certified family law mediators in Florida are trained professionals who facilitate discussions, guide negotiations, and help families reach agreements that align with the state’s legal requirements.

Mediation is an excellent option for many family law disputes, but it is most effective when the parties are willing to cooperate. For most families, mediation provides a constructive and efficient way to resolve conflicts without the emotional and financial toll of litigation. If you’re facing a family law dispute in Florida, considering mediation could be the key to finding a peaceful, fair resolution. Consulting with a qualified mediator can help you determine whether this approach is the best fit for your unique situation. Mediation is a powerful tool in Florida family law cases, offering a less adversarial, more cost-effective, and emotionally supportive path to resolution. By promoting cooperation, protecting privacy, and empowering families to make their own decisions, mediation helps create lasting solutions that work for everyone involved. If you’re navigating a family legal dispute, exploring mediation could be the first step toward a more amicable future.

 

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Non-Binding Arbitration in Florida: An Increasingly Popular Option for Resolving Disputes

When disputes arise, finding a timely and cost-effective resolution is often a top priority for all parties involved. One alternative to traditional litigation is arbitration, and in Florida, non-binding arbitration offers a unique option. While binding arbitration has the power to make decisions that the parties must adhere to, non-binding arbitration in Florida allows for a more flexible approach to dispute resolution. Although it is not used consistently across all jurisdictions in the State, many Courts in Florida are increasingly requiring parties to attend both mediation and non-binding arbitration prior to trial. For the Courts, this provides a way to reduce ever increasing caseloads and clogged trial dockets. For the parties, it provides a quicker and often inexpensive way to resolve the case, short of a trial.

What is Non-Binding Arbitration?

Non-binding arbitration is a form of alternative dispute resolution (ADR) where an impartial third-party arbitrator hears the case and makes a recommendation. Sometimes there is one arbitrator and other times there is a panel of arbitrators, usually up to three. However, unlike binding arbitration, the decision (or award) rendered by the arbitrator is not final or binding unless the parties elect to make it so. This means that the parties involved in the dispute have the option to accept the arbitrator’s recommendation, negotiate further, or take the matter to court if they are unsatisfied with the outcome. In Florida, non-binding arbitration is often used in civil disputes, including personal injury cases, property damage cases, contract disagreements, and family law matters.

There are specific rules, however, as it relates to non-binding arbitration in Florida that litigators should be aware of. A recent excellent overview of these rules, procedures and other concepts to consider when handling a non-binding arbitration in Florida is provided by Tiffany Hamilton, Esq. in “Non-Binding Arbitration: Tools for Your ADR Toolbox”, Volume 11 of the Stetson Journal of Advocacy and the Law, 11 Stetson J. Advoc. & L. 207 (2024)[i]. In this article, Ms. Hamilton reviews the authority providing for the use of nonbinding arbitration in Florida and offers strategic points to consider when choosing an arbitrator, drafting the argument and more. In addition, practical materials such as Continuing Legal Education seminars from the Florida Bar can provide an overview of the nonbinding arbitration process for those that have not dealt with it before.[ii]

Recent changes to the Florida Rules of Civil Procedure have also impacted nonbinding arbitration. For example, a recent amendment to the Florida Rules in Fla. R. Civ. P. 1.820(h) provides that the party must reject the arbitrator’s decision within 20 days and “…no action or inaction by any party, other than the filing of the notice, will be deemed a rejection of the arbitration decision.”[iii]  This recent rule change is probably the result of recent cases providing conflicting guidance on what notice is sufficient when rejecting the award. A recent case highlights the dangers of not complying with the rule: In People’s Trust Insurance Company v. Hernandez, 4D2024-3274 (Fla. 4th DCA March 26, 2025), the Fourth District held that a party seeking to reject a non-binding arbitration award and proceed to trial must strictly comply with Rule 1.820(h)’s requirement of filing “a notice of rejection of the arbitration award and request for trial in the same document.”[iv] In addition, while Florida Statutes and the Florida Rules of Civil Procedure should be reviewed when handling a non-binding arbitration, many Florida Circuits now have specific local requirements and Orders that are unique to their area. Attorneys handling non-binding arbitrations should consult local rules when preparing for and handling a nonbinding arbitration.

Brief Overview of the Process of Non-Binding Arbitration in Florida

The process of non-binding arbitration in Florida typically follows several key steps:

  1. Agreement to Arbitrate: Parties can agree to submit their dispute to non-binding arbitration or the court may mandate non-binding arbitration as a pre-trial procedure for certain types of cases, especially in civil litigation.
  2. Selection of Arbitrator: The parties select an arbitrator, usually someone with experience in the area of dispute. In Florida, arbitrators may be retired judges, lawyers, or professionals with expertise in the subject matter of the dispute. If the parties cannot agree on an arbitrator, the court can assist in appointing one.
  3. Pre-Arbitration Procedures: Before the arbitration hearing, the parties typically exchange relevant documents and evidence. The arbitrator may also set deadlines for submissions or request additional information to help assess the dispute.
  4. Arbitration Hearing: The hearing is relatively informal compared to a court trial. The parties present their cases, submit evidence, and may question witnesses. The arbitrator then considers the information presented and issues an award.
  5. The Award: After reviewing all the evidence and hearing from both sides, the arbitrator issues an award, which is a recommendation on how the dispute should be resolved. This decision is non-binding, meaning that neither party is required to accept the arbitrator’s conclusion. If the parties agree with the award, they may enter into a settlement. If one or both parties disagree, they can (and must) proceed to court and file the appropriate notices and motions to continue the case towards a final hearing or trial.

Advantages of Non-Binding Arbitration in Florida

Non-binding arbitration in Florida offers several benefits:

  1. Cost-Effectiveness: Legal battles can be expensive, especially in complex cases. Non-binding arbitration typically costs less than litigation due to the shorter time frame and more streamlined process.
  2. Faster Resolution: Traditional court cases can take months or even years to resolve. Non-binding arbitration, on the other hand, is often faster, helping to alleviate the burden of long delays.
  3. Flexibility: The parties have the option to reject the arbitrator’s award and proceed to court if they feel the decision is unsatisfactory. This flexibility makes non-binding arbitration an appealing option for those who want a resolution without fully committing to a legally enforceable decision.
  4. Confidentiality: Non-binding arbitration hearings are generally private, which can provide confidentiality for the parties involved. This is particularly important in business or personal matters where sensitive information may be discussed.
  5. Preserving Relationships: Because the process is less adversarial than going to trial, non-binding arbitration can help preserve relationships between the parties. This is especially valuable in family disputes or commercial matters where future collaboration may be necessary.

Conclusion

Non-binding arbitration provides a valuable alternative to litigation for resolving disputes in Florida and has been quickly evolving for the past few years into a robust option to trial. It offers a faster, less costly, and more flexible path to resolution, while still preserving the option to pursue traditional legal action if neded. For parties seeking a way to settle disagreements without the complexity and expense of a courtroom trial, non-binding arbitration can be a viable solution.

[i] https://www2.stetson.edu/advocacy-journal/non-binding-arbitration-tools-for-your-adr-toolbox/

[ii] The Florida Bar CLE: 8576 Nonbinding Arbitration in Florida: A Colloquy between Bench and Bar – https://member.floridabar.org/CPBase__item?id=a10WQ000000ZtrFYAS; 8190 Nonbinding Arbitration Hearings: Learn How or Get Left Behind! – https://member.floridabar.org/CPBase__item?id=a10Dm000000kWSIIA2

[iii] Fla. R. Civ. P. 1.820(h)

[iv] People’s Trust Insurance Company v. Hernandez, 4D2024-3274 (Fla. 4th DCA March 26, 2025)(providing that Rule 1.820(h) will be strictly enforced, and parties must comply with its requirements if they decide to reject a nonbinding arbitration award).

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5 Tips for Successful Mediations

Mediation is a powerful tool for resolving conflicts, but its success depends on how it’s approached. Here are a few strategies to help ensure a smooth and productive mediation process:

  1. Prepare Ahead of Time: Before entering mediation, take time to reflect on your goals and understand the issues at hand. Gather any relevant information and consider your options. This preparation helps you communicate more effectively and stay focused during discussions. 
  2. Keep an Open Mind: Successful mediation requires a willingness to listen and understand the other party’s perspective. Try to stay open to different solutions and consider the other side’s position or motivation. Sometimes imagining yourself on the other side can provide valuable insight as to what may actually be their bottom line in the negotiation. Flexibility can lead to creative, mutually beneficial outcomes.
  3. Use Neutral Language: Mediations are more successful when accusatory or inflammatory language is avoided. While it can be hard, especially when emotional issues are involved, staying neutral will usually get you much further in your negotiations. Try to frame your statements in a way that fosters understanding and cooperation. 
  4. Stay Calm and Patient: Mediations can sometimes become tense or they can take a long time. Try to maintain a calm demeanor and practice patience. Some mediations are more like a marathon, instead of a sprint. Make sure you are in a comfortable location and you have access to snacks and water if the mediation is expected to last longer than a few hours. Staying composed helps keep the discussion productive and prevents emotions from derailing the process.
  5. Focus on Interests, Not Positions: Rather than focusing on specific positions, which can feel like a win-lose scenario, try to identify the underlying interests of both parties. This helps in finding solutions that satisfy everyone’s needs.

While mediation requires the involvement of all parties to be successful, with these strategies you increase the likelihood of reaching a resolution that is fair, lasting, and beneficial for all involved.

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Have you👻 ghosted 👻your 2025 New Year’s Resolutions? Here’s how to let them go or get them back on track!

Have you👻 ghosted 👻your 2025 New Year’s Resolutions? Here’s how to let them go or get them back on track!

It’s almost the end of February 2025 and do you know where your New Year’s Resolutions are? If you have lost sight of them or ghosted them on purpose, don’t worry- you’re not alone. Only about a small percentage of resolutions are kept, according to recent studies. The good news? You don’t need a new year to start fresh. You just need the right mindset, habits, and approach to either let them go or get back on track. The trick is to figure out which one serves YOU best.

Let Go of Perfection: Let Them…and then Let Me

Mel Robbins is having a moment right now with her recent bestseller, Let Them. This book, which came out in December 2024, is a multi-faceted gem combining multiple theories and teachings about how to relate to others, and most importantly, yourself. While at first blush the title makes the reader think it is about relating to other people, in the end the book is about you and how you relate to the world. I won’t spoil all the details of the book, but it is a fascinating exploration into how the need for control and perfection can distort our best intentions and rob us of the life we are truly meant to live. Robbins teaches us that we can’t control everything—or everyone- and that is actually a very good thing. If you’ve been trying to stick to a rigid plan for your resolutions but life keeps getting in the way, give yourself permission to pivot. Borrowing from meditative practices, Stoicism, and more, the book delves deeply into how in the end, all you can really control is yourself and your reaction to what is happening around you. It is important to remember that resolutions should serve you- and most importantly- help you. They should not make you feel like you are failing or not enough. At this point in the year, it is a good time to reflect on the purpose of your resolutions and decide whether they are worth holding on for the long haul, or whether it is time to ditch them to the side because they don’t serve your true purpose. If you do decide that you want to continue with them, then keep reading about a few strategies that can help with getting back on track and most importantly, helping you be successful in completing them.

Figure out your “Why”

In the Emotional Life of Your Brain, Richard Davidson and Sharon Begley review multiple decades of brain research and discuss how the unique patterns of our brain affect how we think, feel and live.  These unique patterns of brain activity end up determining how we react to different life events within six personality dimensions: resilience, outlook, social intuition, self-awareness, sensitivity to context and attention. Ultimately, it is these emotions that determine our choices and realities each day. By understanding what can affect or motivate these emotions within ourselves, we are then better prepared in understanding what might be needed to achieve a goal. It can be easy to say “I’m going to exercise more,” but without understanding why you want to do that or how it makes you feel if you do it or don’t do it, you may be ill-prepared when there is a setback. When setting a new goal or deciding on a resolution, it can help to determine your “Why” and then use that to focus your path forward.

Start Small: Habits are the Key 

Charles Duhigg’s The Power of Habit was a groundbreaking book that focused on how the brain creates habit loops that lead to both our greatest successes and worst challenges. In this book, he emphasizes the habit loop: cue, routine, reward. If you wish to identify what triggers your bad habits and replace them with better ones, take time to review your actions and how you feel when you engage in them. Another point to remember is that willpower is a cornerstone of habits. But it is important to remember that “…willpower isn’t just a skill. It’s a muscle, like the muscles in your arms or legs, and it gets tired as it works harder, so there’s less power left over for other things.” So, if you are trying to create a new habit to reach a goal or resolution, try to do it when you have the most energy. For example, if you are trying to exercise more- it may be best to try the early morning jog instead of the 6 PM cardio class at the gym. By the end of the day, your brain has had to make thousands of decisions and it is exhausted. It takes a lot of energy to get through the day, and that means your willpower is probably depleted as well. So, think about ways to set yourself up for success: if you reach for your phone instead of going for a walk, try leaving your phone in another room and keeping your sneakers by the door. Small changes like this can lead to significant gain when it comes to changing ingrained behaviors. It’s also important to note that once a habit is formed, it cannot be removed- but it can be replaced. Understanding that challenge can help you anticipate setbacks as you move forward. Similarly, James Clear’s bestseller Atomic Habits reminds us that success isn’t about massive changes, it’s about small, consistent improvements over time. For example, if you had set a goal to exercise daily but stopped after a few weeks, don’t give up entirely. Reframing what success is and is not will be the key here. Even if you can only fit in a 10-minute walk- that will work perfectly fine. It is those small incremental wins that help to build up your willpower and courage to continue.

Mindset: How you see the world determines your place in it

In Mindset, Carol Dweck explains that success comes from a growth mindset—the belief that abilities can be developed with effort. The counter to this is that if you have a fixed mindset, then you may never be able to change because that is what your belief system is telling you. If you’ve hit a setback, don’t see it as a failure. Instead, view it as part of the learning process. In his book, You Can’t Teach Vision, legal visionary John Morgan noted the many failures he went through to reach his ultimate successes. Making mistakes or failing is not what matters, it is getting back up and trying again that determines your success. Struggling with your resolutions or goals doesn’t mean you can’t do it; it just means you may need to adjust your strategy and most importantly, be patient with yourself as you move through the process.

The best time to start is Now

It is important to remember that when we set goals or resolutions, we are usually trying to change long term habits. Those habits were not created overnight and unfortunately, they won’t change that quickly either. Winston Churchill famously remarked “Perfection is the enemy of progress.” By framing the narrative around your new goals and resolutions as a path of progress that does not require perfection or happen overnight, it sets your mind with realistic expectations of what can and will happen. You may be able to exercise non-stop for the first 6 weeks and you feel like a huge success. But then work or life or an injury gets in the way. The key is to accept that those interruptions happen, but don’t let them determine your next steps. By returning to your Why, you can remind yourself of why you started this whole process to begin with. Start small, build better habits, adopt a growth mindset, let go of perfection and be kind to yourself. With these shifts, you’ll find that success isn’t about a single resolution or goal—it’s about creating a life you love, one habit at a time.

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Getting ready for the High Beam Proportionality and the new Balancing act in Florida Discovery

Getting ready for the High Beam: Proportionality and the new Balancing act in Florida Discovery

On January 1, 2025, the Florida Supreme Court’s broad civil procedure rule changes went into effect and along with that, the new application of “proportionality” in civil discovery. While those who frequently practice in federal court may be familiar with proportionality, it is a newer concept for litigators who have practiced primarily in Florida state court. The principle of proportionality can play a crucial role in the discovery process, helping to balance the need for information with the burdens of obtaining it. Florida Rule of Civil Procedure 1.280(c)(1) now incorporates the concept of proportionality, emphasizing that discovery should be both relevant and proportional to the needs of the case.[1] Further, on January 23, 2025, the Florida Supreme Court issued an additional opinion that provided specific direction that Rule 1.280 is “to be construed and applied in accordance with the federal proportionality standard.”[2]  This will be helpful to litigators in Florida as they seek to find the guidelines and definition of what proportionality truly means.

In federal practice, the principle of proportionality in discovery is primarily governed by 28 U.S.C. Rule 26 of the Federal Rules of Civil Procedure.[3] The 2015 amendments to Rule 26(b) re-emphasized the importance of proportionality by restoring the proportionality factors to their original place in defining the scope of discovery. These factors include the importance of the issues at stake, the amount in controversy, the parties’ relative access to relevant information, the parties’ resources, the importance of the discovery in resolving the issues, and whether the burden or expense of the proposed discovery outweighs its likely benefit.[4]  The rule essentially allows courts to limit discovery requests that are deemed excessive, costly, or irrelevant to the dispute.

As proportionality has been in practice in federal court for several years, there is a broad body of case law on the topic. Numerous cases have interpreted and applied the principle of proportionality in discovery under Rule 26(b). For instance, in  Carr v. State Farm[5], the court outlined the factors that determine proportionality, such as the importance of the issues, the amount in controversy, and the balance between the burden or expense of discovery and its likely benefit. Other cases, such as Fleury v. Union Pac. R.R. Co., discuss unique issues such as application of the APEX doctrine and when discovery might be allowed, while ensuring that it is not overly burdensome or excessive relative to the case’s requirements.[6] These cases collectively underscore the importance of proportionality as a guiding principle in federal civil litigation.

In practice, this means that while litigants are certainly entitled to broad discovery, they cannot demand information that is overly expansive or irrelevant without demonstrating its importance to the case. For Florida litigation, specifically, we can anticipate some challenges to long held discovery concepts in expert discovery, such as whether the expert discovery rubric of what is appropriate to request or produce under the Boecher and Worley cases will continue to hold.[7] Also, discovery into electronic mediums, whether it be a multitude of electronic files, black boxes in vehicles, or social media and metadata on cell phones, will now have to be proportional to the needs of the case.[8] Another area where we may see proportionality debates will be in the area of prior claims and/or medical history in personal injury, premises liability, and product liability cases, to name a few. It will be interesting to see if these new rule changes will either expand or abrogate case law that has been in use for years in Florida trial courts as to some of these issues.

Ultimately, the application of proportionality works to ensure fairness in the discovery process, enabling parties to gather necessary information while avoiding undue burdens or expenses. It could also conceivably make for a clearer path as to whether it is a matter that needs to go to trial or not. Both attorneys and clients must stay mindful of this balance to avoid unnecessary legal battles over discovery disputes. As Florida lawyers adjust to the new rules in place, we can expect there to be a few shuffles as we learn what “balance” in discovery will mean while litigating in the Sunshine State.

[1]Fla. R. Civ. P. 1.280(c)(1) (2025)

[2]In re Amendments to Fla. Rules of Civil Procedure, No. SC2023-0962, (Fla. Jan. 23, 2025)

[3]Fed. R. Civ. P. 26

[4]Fed. R. Civ. P. 26

[5] William Oran Carr v. State Farm, 312 F.R.D. 459 (N.D. Tex. 2015)(application of new Rule 26(b)(1) changes appropriate in pending case and discovery sought was proportional to the needs of the case; involvement of Court in managing discovery);

[6] Fluery v. Union Pac. R.R. Co., No. 20 C 390, US Dist. Ct. ND Illinois, Eastern Div., 2023 (APEX doctrine does not exclude all discovery when needs of the case are evaluated as to proportionality); Eramo v. Rolling Stone LLC, 314 F.R.D. 205, 93 Fed. R. Serv. 3d 987 (W.D. Va. 2016)(analysis of relevance and proportionality of discovery requests).

[7] Worley v. Cent. Fla. YMCA, Inc., 228 So.3d 18 (Fla. 2017); Allstate v. Boecher, 733 So.2d 993 (Fla. 1999).

[8] Roque v Swezy, 390 So.3d 193 (Fla. 3d DCA 2024)(Production of entire cell phone not reasonable without showing of requirement for discovery purposes); Stevens v. Corelogic, Inc., 893 F.3d 648, 899 F.3d 666 (9th Cir. 2018)(motion to compel must include statement as to why the discovery is needed). United States ex rel. Customs Fraud Investigations, Llc. v. Victaulic Co., 839 F.3d 242 (3d Cir. 2016) (discussing intent of changes to 26(b)(1) and in matter with significant discovery, an initial representative sample may be best for determining additional discovery needs); Gondola v. USMD PPM, LLC, 223 F. Supp. 3d 575 (N.D. Tex. 2016)(party seeking discovery, to prevail on a motion to compel, may well need to make its own showing of many or all of the proportionality factors, including the importance of the issues at stake in the action, the amount in controversy, the parties’ relative access to relevant information, the parties’ resources, and the importance of the discovery in resolving the issues, in opposition to the resisting party’s showing).

 

 

 

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Florida Legislature

Changes to Florida’s Rules of Civil Procedure: How ADR can help you transition smoothly

Florida’s legal landscape is always evolving, and 2025 has ushered in some important changes to the Florida Rules of Civil Procedure that will impact litigators, clients, and the courts alike. These changes reflect the ongoing efforts to streamline the civil justice process, ensure fairness, and promote efficiency. While some of the rules will apply only to cases filed after January 1, 2025, many of the rules apply to older cases regardless of when it was filed. For litigators that are already handling case volumes that are challenging, these changes may bring about additional stress and strain at a time when that is the last thing that they need.

Fortunately, Florida also has a long history of developing and promoting Alternative Dispute Resolution in its legal framework. From encouraging mediation in Family Law to promoting the use of non-binding arbitration in circuit civil matters, ADR has provided a much-needed path for resolving matters that would have otherwise clogged the court system and prevented other cases from reaching a resolution through trial.

Now, more than ever, ADR is poised to play a critical role in managing case volumes for lawyers and Courts alike in Florida. With mandatory case management orders that allow little wiggle room for continuances or extensions, initial legal strategies now need to include a robust review of the potential value of Mediation and Arbitration in that particular case. Although conflict can be challenging, reaching a resolution while advocating for their clients is what lawyers do every day, and ADR is poised to help them do just that. While 2025 will undoubtedly bring challenges to many lawyers in Florida as they adjust to this new framework, with the tools of ADR at their disposal, there is nothing that they can’t handle.

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