Mediation – Part V
Appearance at the Mediation Conference
1. Unless permitted by court order or the parties’ written agreement, a party is deemed to appear at a mediation if the following persons are physically present:
a. The party or
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Arbitration – Part II
B. Commencement and Submission to Arbitration to AAA1. A party to an existing dispute may commence an arbitration under the AAA’s rules by filing two copies of a demand for arbitration, signed by the party or its attorney with AAA’s…
Arbitration – Part I
A. The Arbitration Process1. As opposed to mediation, arbitration results in a binding or non-binding decision of the dispute.2. The arbitrators consider the evidentiary presentations of the parties and then render an award, which may then be confirmed by a…
Mediation – Part IV
B. Mediated Settlement Agreements.1. Mediated settlement agreements reached at a court ordered mediation are unenforceable unless signed by the parties and their counsel. Fla. R. Civ. P. 1.730(b). However, at least one court has held that a mediated settlement agreement…
Mediation – Part III
A. The Mediation Conference1. If a party fails to appear at a duly noticed mediation without good cause, the court upon motion shall impose sanctions against the party failing to appear. Those sanctions may include an award of the mediator’s…