Wednesday, December 08, 2004

The Fear Factor Leads to Settlement in a “Shade Meeting”!

This story in the Sun-Sentinel superbly illustrates the “shade meeting” principle of settlement discussions – a legislatively created exception to the Government in the Sunshine Law which permitted any governmental agency, its chief executive and attorney to meet in private if the agency is a party to litigation and the attorney desires advice concerning settlement negotiations or strategy. F.S. 286.011(8).

Note that the confidentiality privilege of the communications made during a mediation conference still is applicable and the court reporter’s transcript of the attorney-client session becomes a part of the public record upon conclusion of the litigation.

Read the story to learn how the fear factor motivated settling in the “shade”.

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