According to this article in Keynoter, a non-party in pending litigation has filed a motion with the trial judge to intervene in a mediation conference involving a property owners’ association which is suing the City of Key West. The reason for the request is that the “intervenors” are concerned that their interests regarding a new traffic plan may be overlooked in the process.
Florida Rules for Certified and Court-Appointed Mediators, Rule 10.320, Nonparticipating Persons states that “[a] mediator shall promote awareness by the parties of the interests of persons affected by actual or potential agreements who are not represented at mediation.”
After you read the article, think about whether this rule would adequately address the concerns of the “intervenors”. Remember, during training, one of the Mediation Process and Techniques learning objectives was to “[i]dentify individuals who are entitled to participate in the mediation conference as well as those non-parties who may need to be present. . . .”
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