Monday, April 18, 2005

A Mediator’s Demeanor, Part 2 – Is It Important?

Of course it is! [But you knew that, right? Especially after reading A Mediator's Demeanor, Part 1.] Florida’s Rules for Certified and Court-Appointed Mediators, Rule 10.350, Demeanor, provides “A mediator shall be patient, dignified, and courteous during the mediation process.” Why on earth do we need a rule to tell us that?!?

We can learn from this example of a judge’s hostility and a lawyer’s baiting, belittling, provoking and showing disrespect to the court as reported in this story in the New York Law Journal about People v. Straniero, 2005 NY Slip Op 02770 [2005]. We are professionals, right?!? By the way, if you were the mediator in a case where one of the lawyers exhibited conduct like that demonstrated in this case, how would you address it?

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