Florida Rules for Certified and Court-Appointed Mediators, Rule 10.320 Nonparticipating Persons provides:
A mediator shall promote awareness by the parties of the interest of persons affected by actual or potential agreements who are not represented at mediation.
The Committee Notes to this Rule give as examples lienholders and governmental entities.
The Third District Court of Appeal in Pollo Operations, Inc. v. Tripp, 2005 Fla. App. LEXIS 2065 [Fla. 3rd DCA 2005] disapproved of the trial court’s granting Plaintiff’s request for an end-run around the mediated settlement agreement and Medicare statute instead of enforcing the agreement as written and “customarily implemented”.
Nice try! Or is it? The dissent makes good points also.
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