Thursday, January 20, 2005

“The Devil is in the Details” Hokey Pokey!

In an earlier post on November 17, 2004, [scroll down to the date] we discussed the case of Swartsel v. Publix Supermarkets, Inc., 882 So.2d 449 [Fla. 4th DCA 2004] as an illustration of the necessity to be detailed in the preparation of mediation agreements. In Boyd v. Nationwide Mutual Fire Insurance Company, 4D03-2321 [Fla. 4th DCA 1.19.2005] the 4th District Court of Appeal rejected the argument that an offer of judgment was invalid because it failed to attach the general release and explained that the offer's summary of the release's substance was sufficient. What are mediators to do? My suggestion - follow Swartsel, id., since that opinion is consistent with our ethical obligations in conducting a mediation:

Rules for Certified and Court-Appointed Mediators, Rule 10.420(c) Closure:

The mediator shall cause the terms of any agreement reached to be memorialized appropriately and discuss with the parties and counsel the process for formalization and implementation of the agreement.

We need the details! So do the parties!

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