"Failing to Prepare Is Preparing for Failure"— John Wooden

As an attorney and certified mediator, Brian F. Spector is subject to the Rules of Professional Conduct of the Rules Governing the Florida Bar, as well as the Florida Rules for Certified & Court-Appointed Mediators.

These rules recognize, among other things, that:

• Parties, not lawyers or mediators, decide whether, and on what terms and conditions, to settle a matter.
• Lawyers, in competently representing their clients, must explain a matter to the extent reasonably necessary to permit the clients (the parties) to make informed decisions regarding the representation, including whether, and on what terms, to settle.
• Mediators are impartial, do not represent any party (as lawyers do) and are to reduce obstacles to communication, assist in the identification of issues and exploration of alternatives, and otherwise facilitate voluntary agreements resolving the dispute.

In addition to the obligations contained in the lawyer and mediator rules, Brian Spector's mediation philosophy is embodied in the maxim commonly attributed to John Wooden, famed college basketball coach and educator, that "failing to prepare is preparing for failure."

For this reason, Mr. Spector prepares for mediation by carefully studying court papers and confidential mediation statements from the parties' lawyers to understand the factual questions and legal issues involved. By doing so, he is prepared to discuss the merits of the case, thereby enabling counsel and the parties to better assess the likelihood of a favorable or unfavorable outcome if the case does not settle.

Time and circumstances permitting, Mr. Spector speaks with all counsel (separately or collectively) before and, if necessary, following the mediation to help him better understand the legal issues and factual questions presented, as well as the parties' respective core interests and needs, with the express understanding that all such conversations are privileged.