Wednesday, April 27, 2005

“I’m Not a Criminal; I’m a Mediator – What’s Reasonable Doubt Got to do with Me?”

Florida’s Rules for Certified and Court-Appointed Mediators, Rule 10.330, Impartiality, provides [in part]:

(b) Withdrawal for Partiality. A mediator shall withdraw from mediation if the mediator is no longer impartial.

Did you ever wonder how you objectively can tell if you are “no longer impartial”? Just in case you did, you might want to read Bell, et al. v. Greissman, et al., 2005 Fla. App. LEXIS 5436 [Fla. 4th DCA 2005], in which the Fourth District Court of Appeal applies the reasonable doubt standard in resolving questions involving jurors’ ability to be fair and impartial. Do you think this standard would [should] apply to mediators too?

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