Monday, November 22, 2004

A Mediation Scheduling Dilemma – Ask Kobe Bryant!

Florida Rules for Certified and Court-Appointed Mediators, Rule 10.340 Scheduling Mediation, provides:

A mediator shall schedule a mediation in a manner that provides adequate time for the parties to fully exercise their right of self-determination. A mediator shall perform mediation services in a timely fashion, avoiding delays whenever possible.

Could the full exercise of party self-determination be affected by having completed some, all, or none of the discovery, i.e. having taken depositions or not, and the impact that has on informed decision-making? [I know, you've not been confronted with that mediation ethical dilemma - right?!?]

Read this Rocky Mountain News article to “discover” the mediation scheduling positions taken in the sexual assault civil suit filed against Kobe Bryant.

To email me, click Perry S. Itkin