What makes product liability and premises liability disputes well suited to mediation?
Product liability cases — involving a defective or dangerous product — and premises liability cases — involving an injury on someone’s property — tend to be fact-intensive, expert-driven, and expensive to litigate.
Product liability cases — involving a defective or dangerous product — and premises liability cases — involving an injury on someone’s property — tend to be fact-intensive, expert-driven, and expensive to litigate. They often turn on technical questions of design, warning, maintenance, or notice, with competing experts on each side, and the cost of taking them through trial can be very high. That combination makes them well suited to mediation: the parties can weigh the strengths and weaknesses of the technical case privately, avoid the expense and unpredictability of a battle of experts before a jury, and reach a resolution tailored to the real risks. A mediator who understands how these cases are proved and defended can help both sides assess liability and damages candidly and move toward a settlement that reflects the genuine value of the claim rather than the cost of fighting over it.
Expert reviewer
Brian Charles Guenther, Esq.
Brian Charles Guenther, Esq. is a Florida Supreme Court Certified Mediator and Florida Bar Board Certified Civil Trial Lawyer whose mediation practice draws on …
Reviewed October 6, 2026
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