“You’re hired to do what the parties have not been able to do on their own, which is to reach an agreement. You have to get them together, deliver the good news and bad news objectively and explore all kinds of avenues to reach that agreement. You have to do the work. That’s just what it takes,” says G. Michael Burnett, founder of Burnett Mediation.
After a successful litigation career, Burnett founded his mediation firm in 2008. He has mediated more than 6300 cases. His focus areas include, personal injury, insurance, premises liability, property damage, medical and legal malpractice, maritime, railroad, first- and third-party bad faith, commercial real estate, and contract issues.
Burnett is Florida Supreme Court Certified for state and county court cases and United States District Court certified (Middle District) for federal court cases, and is honored to be a diplomate member of the National Academy of Distinguished Neutrals. Prior to forming Burnett Mediation, he built a successful civil litigation career, serving many years as managing partner of Taylor, Day, Currie and Burnett.
A Win Facilitates a Transition
The case that spurred his transition from lawyer to mediator occurred during his stint at Taylor, Day, Currie and Burnett.
His client and another defendant were being sued by a husband and wife who claimed injury. Each had similar prior injuries that were significant and had to be addressed. The case became complex, involving multiple depositions and expert testimony. There was also a dispute about who was at fault in the accident.
The case went to mediation and his client made what he believed were generous offers to settle the case. It didn’t resolve, so Burnett’s firm served an offer of judgment to the plaintiff (a proposal of settlement), which they did not accept. The case went to trial for a grueling week. Burnett’s firm won and later obtained a judgment against the couple, which sent them into bankruptcy.
His celebration was short as his client began making unreasonable complaints about the various expenses and fees involved in winning the case, which soured his sense of victory. Beyond that, he had conflicting emotions about that victory.
“I had no joy in seeing these people we defeated go into bankruptcy. The whole thing could have been settled at mediation, and these poor people wouldn’t have had a judgment against them. They would have gotten some money and been able to move on with their lives and my client would have saved tens of thousands of dollars in trial costs. A light bulb went off, and I thought ‘I don’t know what I’m going to be doing with the rest of my career, but it’s not going to be this.’ That’s when I started to transition into mediation.”
Letting All Voices Be Heard
Many people really don’t know or understand the process of mediation, he says. They don’t know what’s going on and education is a primary responsibility of the mediator. According to Burnett, one of the most important factors leading to a successful mediation is making sure everyone involved has his or her say in the matter.
“People get very emotional in mediation and things can easily get out of hand. That’s where the mediator comes in. You’ve got to be able to recognize that and figure out what’s really going on, because sometimes what they’re upset about has little to do with the issues in the case. And it takes time. That may mean spending hours talking to them, you have to let them get it all out before you begin the process of helping them.”
He says that his work in mediation has been a study in human nature that truly opened his eyes. “It’s important for the mediator to remember that he is seeing these people at their worst. Human nature is what it is. Patience is absolutely crucial to dissolving roadblocks.”
He has always gone out of his way to invest the time necessary even with the most difficult participants in the process. He discovered that the angriest and most difficult people at the end of the day are usually just scared.
Burnett notes a huge difference between hearing and listening. He listens equally to how people say things as much as to what they say. A knowledge of body language is also an effective tool in discovering the true source of discord or other difficulty.
Giving Clients More than a Sporting Chance
Burnett was born and raised in Jacksonville and graduated from the Bolles School in 1980, later serving three terms on the Bolles Board of Trustees. He attended Tulane University on a football scholarship. The lessons learned in sports have had a direct and powerful impact on his success in the law and in mediation. He was a jock from the age of 6 and through high school was a three-sport athlete – football, basketball and baseball.
He says for him playing sports built the right mentality for success in later life. A dedicated player must be prepared and show up every day to practice. If he doesn’t, he won’t be allowed to play and if he doesn’t show up prepared for the game he’s not going to win. That commitment helped drive him not only through his legal career, but also into and through his mediation career.
“Mediation is as difficult and sometimes more difficult than practicing law. It’s been really challenging, and I have to admit that my sports background has really helped with that.”
Burnett and his wife, Kelly, reside with their family in Atlantic Beach. They spend most of their weekends “chasing” their son around the state and the country cheering on his rowing team. Burnett loves to read and is an avid history buff with a focus on U.S. history. A lot of his television time is devoted to PBS programming. He and his wife take joy in supporting numerous charitable causes, from Beaches Boys and Girls Club to pediatric cancer organizations.
Burnett says, “I’m grateful for my life, my family and community, and especially my transition into mediation. I’ve never done anything professionally or personally that has given me a greater sense of satisfaction.”
