Mediation – Part VAppearance at the Mediation Conference1. 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 the party’s representative having full authority to settle without further consultation; andb. The party’s counsel of record, if
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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 regional office. (See www.adr.org for various forms and rules). The demand must contain a statement…
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 court of competent jurisdiction.B. Arbitration Agreements1. The following is a sample clause for the arbitration…
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 which was not signed by counsel, but was signed by the parties was not rendered…
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 and attorney’s fees and costs. Fla. R. Civ. P. 1.720(b). 2. If a party is…