Thursday, August 03, 2006

“Remember Me?”

Well, not me exactly – I’m referring to the interests of persons affected by mediated settlement agreements. Florida Rules for Certified and Court-Appointed Mediators, Rule 10.320, Nonparticipating Persons provides:

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.

Although this Fourth District Court of Appeal case did not involve mediation, Koenig v. Theofilos, 2006 Fla. App. LEXIS 12841 [Fla. 4th DCA 2006] demonstrates the essence of the rule.

Likewise, in Falco v. Bridgestone/Firestone North AmericaTire LLC, 2006 Fla. App. LEXIS 12826 [Fla. 1st DCA 2006] the First District Court of Appeal reminds us that the trial judge, pursuant to F.S. 744.387, must authorize a settlement proposed on behalf of a ward in order for the settlement to be effective.

All to say, there’s lots for mediators to think about – isn’t there?

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