By the way, Florida’s
Rules of Civil Procedure,
Rule 1.730(b) [Completion of Mediation; Agreement] and Florida’s
Family Law Rules of Procedure,
Rule 12.740(f)(1) [Family Mediation; Report on Agreement] provide that the agreement reached in mediation is required to be signed by the parties and their counsel, if any.
The
Rules of Civil Procedure identify 3 ways to memorialize an agreement:
- Reduce it to writing
- Electronically recorded [transcript filed with the court]
- Stenographically recorded [transcript filed with the court]
The Florida
Family Law Rules of Procedure likewise identify 3 ways to memorialize an agreement:
- Reduce it to writing
- Electronically recorded [made under oath or affirmed; transcript filed with the court]
- Stenographically recorded [made under oath or affirmed; transcript filed with the court]
So, how is it possible that mediation notes, even coupled with testimony, could conceivably rise to the level of an enforceable mediation agreement? Do the Rules mean what they say – or not? Maybe my mantra,
Nothing is as it seems nor is it otherwise, actually is a truism. The requirements of the Rules were not mentioned in the
opinion. Hmmm!!
What do you think?
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Perry S. Itkin.
