Thursday, November 10, 2005

A Perfect Example!

Florida Rules of Civil Procedure, Rule 1.730. Completion of Mediation, provides:

(a) No Agreement. If the parties do not reach an agreement as to any matter as a result of mediation, the mediator shall report the lack of an agreement to the court without comment or recommendation. With the consent of the parties, the mediator’s report may also identify any pending motions or outstanding legal issues, discovery process, or other action by any party which, if resolved or completed, would facilitate the possibility of a settlement. [Emphasis added.]

According to this article in the Pine Bluff Commercial, the obstacle to resolution of this dispute over unpaid jail fees involved how the trial judge would define a particular phrase which was central to the disputing parties. The judge’s ruling came after 20 hours of mediation spanning a 2 day period and both sides find it helpful in facilitating the possibility of settlement.

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