Thursday, April 28, 2005

“It’s Between Me and You . . . .”

The mediation lesson to be learned from Sunshine Properties, L.L.C. v. Dept. of Transportation, 2005 Fla. App. LEXIS 5981 [Fla. 4th DCA 2005] is that if one party intends to reach a settlement agreement with all parties in the litigation, then all parties should attend the mediation conference and agree on the settlement. In this case the settling party did not represent the interests of the remaining defendants and could not settle their claims for them.

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