Thursday, July 07, 2005

Who Should Not Participate in Mediation!

Florida’s Rules for Certified and Court-Appointed Mediators, Rule 10.410. Balanced Process provides:

A mediator shall conduct mediation sessions in an even-handed, balanced manner. A mediator shall promote mutual respect among the mediation participants throughout the mediation process and encourage the participants to conduct themselves in a collaborative, non-coercive, and non-adversarial manner. [Emphasis added.]

What if one of the mediation participants resists our diligent efforts to fulfill this often challenging task – such as the Michigan lawyer who was barred from the courthouse due to his conduct [imagine that!] as reported in this article in The Macomb Daily? What would you do?

To email me, click Perry S. Itkin.