Thursday, May 31, 2007

Do I Or Don’t I . . .

. . . routinely attach the mediated settlement agreement in a Circuit Civil case to the report I file with the Court?


Okay, the answer is found in MEAC Opinion 2007-002 which provides, in summary, that “it would not be appropriate to routinely attach the mediated settlement agreement to a circuit civil case in light of the requirements of rule 1.730(b), Florida Rules of Civil Procedure.”

It is important to remember the following requirement from that rule:

The mediator shall report the existence of the signed or transcribed agreement to the court without comment within 10 days thereof. [Emphasis added.]

There’s more to this opinion which is worthwhile reading.

To email me, click Perry S. Itkin.

Wednesday, May 30, 2007

The Lone Ranger – Mediator!

A fiery horse with the speed of light, a cloud of dust and a hearty “Hi-Yo Silver!” The Lone Ranger rides again! Return with us now to those Thrilling Days of Yesteryear!

Remember this?!? [Please say yes!]

Okay, okay, The Lone Ranger was not a mediator – he could have been though, don’t you think? For example, he was the first to use the “silver bullet” technique often used by mediators today. According to this article in The Plain Dealer, a variation of this technique was recently used successfully.

Do you know what the silver bullet stood for? Me neither! [At least I didn’t remember - uh oh!] It was The Lone Ranger’s symbol of justice! It stood for law and order, fair play and honesty and served as a reminder to the Lone Ranger of his vows to fight for justice and never shoot to kill [i.e. get an agreement in mediation no matter what it takes]. So, don’t you think he could have been a mediator?

By the way, if you want to listen to the entire theme song, click here.

To email me, click Perry S. Itkin.

Friday, May 11, 2007

Are You Comprehensible?

One of the learning objectives in mediation training is to develop an awareness that people differ in how they make decisions, how they process information, and how they communicate.

U.S. Bankruptcy Judge Leif M. Clark (W.D. Tex.) entered an order captioned “Order Denying Motion for Incomprehensibility” when he couldn’t figure out what the defendant was requesting. As part of the authority for the order, the judge relied on the 1995 comedy “Billy Madison” starring former Saturday Night Live cast member Adam Sandler.

Mediation is based on concepts of communication and one of the roles of the mediator is to reduce obstacles to communication. All to say [pun intended], how mediators and mediation participants communicate is critical [but you knew that, right?!?].

Read the order – it will make you laugh [okay, maybe just smile] – it’s a nice way to start the weekend!

To email me, click Perry S. Itkin.