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
Alternative Dispute Resolution in Florida - Arbitration & Mediation
This blog, published by Gary S. Salzman, focuses on alternative dispute resolution (ADR) practices in Florida, specifically arbitration and mediation. It covers procedural rules and requirements for mediation conferences, including party appearances and authority to settle. The blog discusses arbitration processes under the American Arbitration Association (AAA), including commencement, submission, and court enforcement of arbitration agreements. It also addresses mediated settlement agreements, their enforceability, and issues related to mediation impasse. The content includes analysis of Florida statutes, court rules, and relevant case law impacting ADR practice in Florida.
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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…