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Wayne Lazarus

Attorney & Mediator | Georgia and Florida Bars

Wayne Lazarus is an attorney and mediator admitted to the Georgia and Florida Bars, focusing on mediation of business, commercial, contract, and labor disputes.

View Wayne Lazarus's mediator profile

Wayne Lazarus is an attorney and mediator and a member of the Georgia and Florida Bars. He focuses on mediation matters involving business, commercial, contract, and labor disputes.

He provides mediation services from Atlanta, Georgia. His legal background and experience allow him to assist parties in navigating disputes and working toward practical resolutions through mediation.

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Mediation Case Watch

HOW MUCH TIME MUST A MEDIATOR ALLOW FOR MEANINGFUL PARTICIPATION?

The opinion cautioned that mediation must be scheduled to provide adequate time for self-determination. No fixed number of hours fits every case; participants should have the option to adjourn and reconvene. Form...

Reviewed for legal accuracy by Wayne Lazarus, a member of the Georgia and Florida Bars with more than 50 years of experience.

Last reviewed October 12, 2026

FloridaEthics or advisory opinionMediation ConfidentialityMediator EthicsMediator Impartiality

Mediation Case Watch

Can Both Parties Waive Mediation Confidentiality?

The New York Court of Appeals upheld disclosure of mediation-related information where the husband expressly waived confidentiality, the wife was deemed to have waived it by seeking disclosure, and the mediation...

Reviewed for legal accuracy by Wayne Lazarus, a member of the Georgia and Florida Bars with more than 50 years of experience.

Last reviewed September 23, 2026

New YorkCourt decision

Mediation Case Watch

When Does Helpful Information Threaten Mediator Impartiality?

Florida’s Mediator Ethics Advisory Committee concluded that a mediator may provide legal information only when qualified to do so and when the information is accurate, neutral, and consistent with party...

Reviewed for legal accuracy by Wayne Lazarus, a member of the Georgia and Florida Bars with more than 50 years of experience.

Last reviewed September 17, 2026

FloridaEthics or advisory opinionMediation ConfidentialityMediator EthicsMediator Impartiality

Mediation Case Watch

WHAT MAY A MEDIATOR SAY IN THE REPORT TO THE COURT?

The opinion permitted reports of agreement, no agreement, or partial agreement without comment or recommendation. Additional descriptors or information require written consent or specific procedural authority.

Reviewed for legal accuracy by Wayne Lazarus, a member of the Georgia and Florida Bars with more than 50 years of experience.

Last reviewed September 15, 2026

FloridaEthics or advisory opinionCourt ReportMediation ConfidentialityMediator EthicsMediator ImpartialityMediator Reporting

Mediation Case Watch

MAY A MEDIATOR WAIVE THE FEE FOR ONLY ONE DISSATISFIED PARTY?

The committee distinguished waiving fees for everyone from favoring one participant. Selective waiver based on one party’s dissatisfaction was inconsistent with impartiality; a uniform waiver was permissible when not...

Reviewed for legal accuracy by Wayne Lazarus, a member of the Georgia and Florida Bars with more than 50 years of experience.

Last reviewed September 15, 2026

FloridaCourt decisionMediation ConfidentialityMediator EthicsMediator Impartiality

Mediation Case Watch

WHAT IF A PARTY THOUGHT MEDIATION TALKS WERE ONLY PROVISIONAL?

The Ohio Eleventh District Court of Appeals reversed enforcement of an alleged oral mediation settlement. The record did not clearly and convincingly establish acceptance or a meeting of the minds, and it did not show...

Reviewed for legal accuracy by Wayne Lazarus, a member of the Georgia and Florida Bars with more than 50 years of experience.

Last reviewed September 15, 2026

OhioCourt decisionSettlement AuthoritySettlement Enforcement

Mediation Case Watch

May a Mediator File a Bankruptcy Claim for Unpaid Fees?

Florida's Mediator Ethics Advisory Committee concluded that a mediator may file a bankruptcy proof of claim for unpaid mediation fees and attach an invoice, provided the filing does not disclose protected mediation...

Reviewed for legal accuracy by Wayne Lazarus, a member of the Georgia and Florida Bars with more than 50 years of experience.

Published September 15, 2026 Last reviewed September 15, 2026

FloridaEthics or advisory opinion

Mediation Case Watch

May a Mediator Decide Whether an Agreement Is Full or Partial?

Florida’s Mediator Ethics Advisory Committee concluded that a mediator may facilitate discussion about whether a settlement resolves all or only some issues, but may not make that substantive determination for the...

Reviewed for legal accuracy by Wayne Lazarus, a member of the Georgia and Florida Bars with more than 50 years of experience.

Last reviewed September 14, 2026

FloridaEthics or advisory opinionMediation ConfidentialityMediator EthicsMediator ImpartialityPost-Mediation Conduct

Mediation Case Watch

WHAT SHOULD A MEDIATOR DO WHEN A COURT PROGRAM DEMANDS TOO MUCH DISCLOSURE?

The committee explained that mediators are accountable to the referring court but must interact consistently with ethical standards. Authorized administrative facts could be reported, while prohibited commentary could...

Reviewed for legal accuracy by Wayne Lazarus, a member of the Georgia and Florida Bars with more than 50 years of experience.

Last reviewed September 7, 2026

FloridaEthics or advisory opinionMediation ConfidentialityMediator EthicsMediator ImpartialityMediator Reporting

Mediation Case Watch

WHAT EXACT WORDS MAKE A MEDIATED AGREEMENT BINDING?

Answering a certified question, the Minnesota Supreme Court held the handwritten mediation document unenforceable because it omitted language required by Minnesota’s Civil Mediation Act. The court applied the statute’s...

Reviewed for legal accuracy by Wayne Lazarus, a member of the Georgia and Florida Bars with more than 50 years of experience.

Last reviewed September 7, 2026

MinnesotaCourt decisionSettlement AuthoritySettlement DocumentationSettlement EnforcementSettlement ImplementationStatutory Requirements

Mediation Case Watch

MAY A MEDIATION TRAINEE PERFORM ANOTHER ROLE IN THE SAME SESSION?

The opinion concluded that a trainee attending for certification mentoring may not occupy another role in the same mediation. The parties must understand and approve the trainee’s presence and role.

Reviewed for legal accuracy by Wayne Lazarus, a member of the Georgia and Florida Bars with more than 50 years of experience.

Last reviewed September 7, 2026

FloridaCourt decisionMediation ConfidentialityMediator Conflicts of InterestMediator Dual RolesMediator EthicsMediator ImpartialityObserver and Co-Mediator Participation

Mediation Case Watch

CAN OUTSIDE FINANCIAL TROUBLE UNDO A SETTLEMENT?

The Pennsylvania Superior Court enforced the settlement. Creditor activity was foreseeable, the proceeds still existed, and the claimed private purpose was not an express condition of the bargain. The outside...

Reviewed for legal accuracy by Wayne Lazarus, a member of the Georgia and Florida Bars with more than 50 years of experience.

Last reviewed September 7, 2026

PennsylvaniaCourt decisionMediation ConfidentialityMediator Conflicts of InterestMediator Dual RolesMediator EthicsMediator ImpartialityMediator Reporting

Mediation Case Watch

HOW MAY A MEDIATOR COLLECT AN UNPAID FEE?

The committee recognized the mediator’s right to compensation and to pursue lawful collection methods, while continuing to protect confidential mediation communications and comply with ethical business-practice...

Reviewed for legal accuracy by Wayne Lazarus, a member of the Georgia and Florida Bars with more than 50 years of experience.

Last reviewed September 7, 2026

FloridaEthics or advisory opinionMediation ConfidentialityMediator Conflicts of InterestMediator Dual RolesMediator EthicsMediator ImpartialityMediator Reporting

Mediation Case Watch

MAY THE MEDIATOR DRAFT THE COURT-FILING DOCUMENTS?

The Commission advised that a mediator may help memorialize terms in a memorandum of understanding, but should not prepare the marital dissolution agreement or other legal filing. Counsel—or self-represented parties...

Reviewed for legal accuracy by Wayne Lazarus, a member of the Georgia and Florida Bars with more than 50 years of experience.

Last reviewed September 7, 2026

TennesseeEthics or advisory opinionMediation ConfidentialityMediator Dual RolesMediator EthicsMediator ImpartialityMediator Reporting

Mediation Case Watch

MUST A MEDIATOR DISCLOSE A LAW FIRM’S PRIOR CONSULTATION WITH A PARTY?

The committee found no automatic clear conflict on the facts, but required prompt disclosure. The parties could waive the potential conflict if they agreed and the mediator could remain impartial.

Reviewed for legal accuracy by Wayne Lazarus, a member of the Georgia and Florida Bars with more than 50 years of experience.

Last reviewed September 7, 2026

FloridaEthics or advisory opinionMediation ConfidentialityMediator Conflicts of InterestMediator EthicsMediator Impartiality

Mediation Case Watch

CAN A MEDIATOR SERVE WHEN PERSONALLY INVOLVED WITH THE LAWYERS OR PARTIES?

The committee treated the relationships as clear conflicts that would compromise or appear to compromise impartiality and could not be cured merely by party agreement.

Reviewed for legal accuracy by Wayne Lazarus, a member of the Georgia and Florida Bars with more than 50 years of experience.

Last reviewed September 7, 2026

FloridaEthics or advisory opinionMediation ConfidentialityMediator Conflicts of InterestMediator EthicsMediator ImpartialityMediator Reporting

Mediation Case Watch

SHOULD TEMPORARY PROPERTY TERMS INCLUDE AN EXIT PLAN?

The Washington Court of Appeals largely declined relief because several objections were not preserved. It noted that the trial court had ruled the earlier mediated agreement no longer controlled and explained that a...

Reviewed for legal accuracy by Wayne Lazarus, a member of the Georgia and Florida Bars with more than 50 years of experience.

Last reviewed September 7, 2026

WashingtonCourt decisionMortgage ContributionProperty DivisionSettlement ImplementationTemporary Agreements

Mediation Case Watch

WHEN DOES AN APPROVAL CONTINGENCY CONTROL THE SETTLEMENT?

The Michigan Court of Appeals concluded that the communications established agreement on essential terms and satisfied the subscription requirement. It nevertheless reversed enforcement because the stated approval...

Reviewed for legal accuracy by Wayne Lazarus, a member of the Georgia and Florida Bars with more than 50 years of experience.

Last reviewed September 7, 2026

MichiganCourt decisionGovernment SettlementSettlement AuthoritySettlement Enforcement

Mediation Case Watch

MAY A MEDIATOR CHANGE THE FEE ARRANGEMENT AT THE SESSION?

The committee concluded that changes require informed and voluntary party agreement with adequate advance notice. A mediator may not unilaterally alter shares or condition performance on a new payment obligation that...

Reviewed for legal accuracy by Wayne Lazarus, a member of the Georgia and Florida Bars with more than 50 years of experience.

Last reviewed September 7, 2026

FloridaEthics or advisory opinionMediation ConfidentialityMediator EthicsMediator Impartiality

Mediation Case Watch

Can a Mediator Pressure a Party to Participate or Settle?

Florida’s Mediator Ethics Advisory Committee emphasized that mediation remains voluntary and consensual as to outcome even when parties are required to participate by statute, court order, court rule, or contract. A...

Reviewed for legal accuracy by Wayne Lazarus, a member of the Georgia and Florida Bars with more than 50 years of experience.

Last reviewed September 7, 2026

FloridaEthics or advisory opinionMediation ConfidentialityMediator EthicsMediator ImpartialityPost-Mediation Conduct

Mediation Case Watch

How Should Partial Settlements Be Reported in Multi-Party Cases?

Florida’s Mediator Ethics Advisory Committee concluded that a mediator handling a multi-party case may identify the parties who settled by reporting “agreement as to” those parties. The mediator should not add...

Reviewed for legal accuracy by Wayne Lazarus, a member of the Georgia and Florida Bars with more than 50 years of experience.

Last reviewed September 7, 2026

FloridaEthics or advisory opinionMediation ConfidentialityMediator EthicsMediator Impartiality

Mediation Case Watch

Does Filing a Malpractice Claim Waive Mediation Privilege?

The Arizona Court of Appeals held that a former client did not impliedly waive Arizona’s statutory mediation-process privilege merely by filing a legal-malpractice claim arising from advice given during a mediated...

Reviewed for legal accuracy by Wayne Lazarus, a member of the Georgia and Florida Bars with more than 50 years of experience.

Last reviewed September 7, 2026

ArizonaCourt decision

Mediation Case Watch

What Should a Mediator Report When an Agreement Is Unsigned?

Florida’s Mediator Ethics Advisory Committee concluded that the parties may choose who drafts a mediated agreement, but only the mediator may submit the mediation report. If a party refuses to sign the proposed...

Reviewed for legal accuracy by Wayne Lazarus, a member of the Georgia and Florida Bars with more than 50 years of experience.

Last reviewed September 7, 2026

FloridaEthics or advisory opinion

Mediation Case Watch

How Far May a Mediator Go in Helping Self-Represented Parties?

Florida’s Mediator Ethics Advisory Committee concluded that a mediator may assist self-represented parties with completing Florida Supreme Court-approved forms when the information comes from the parties and the...

Reviewed for legal accuracy by Wayne Lazarus, a member of the Georgia and Florida Bars with more than 50 years of experience.

Last reviewed September 7, 2026

FloridaEthics or advisory opinionMediation ConfidentialityMediator EthicsMediator Impartiality

Mediation Case Watch

Is an Unsigned Mediation Settlement Enforceable?

The New Jersey Appellate Division held that an unsigned settlement arising from voluntary mediation was not enforceable. Applying Willingboro Mall, the court concluded that a settlement reached through mediation must be...

Reviewed for legal accuracy by Wayne Lazarus, a member of the Georgia and Florida Bars with more than 50 years of experience.

Last reviewed September 7, 2026

New JerseyCourt decision

Mediation Case Watch

What If Two Sets of Mediation Rules Conflict?

Florida’s Mediator Ethics Advisory Committee advised that a Florida-certified mediator should identify and disclose conflicts between applicable mediation rules as early as practicable. The parties may agree on a lawful...

Reviewed for legal accuracy by Wayne Lazarus, a member of the Georgia and Florida Bars with more than 50 years of experience.

Last reviewed September 7, 2026

FloridaEthics or advisory opinionMediation ConfidentialityMediator EthicsMediator Impartiality

Mediation Case Watch

May a Mediator Meet Separately With One Side After Mediation?

Florida’s Mediator Ethics Advisory Committee concluded that a mediator is not categorically prohibited from meeting with one party and counsel after mediation has ended. Any post-mediation contact must preserve...

Reviewed for legal accuracy by Wayne Lazarus, a member of the Georgia and Florida Bars with more than 50 years of experience.

Last reviewed September 7, 2026

FloridaEthics or advisory opinionMediation ConfidentialityMediator EthicsMediator Impartiality

Mediation Case Watch

Who Has Authority to Settle a Claim Against the State?

The Indiana Court of Appeals reversed enforcement of a mediated $25,000 settlement against the State because the agreement expressly required approval by the Attorney General and Governor, and the Governor did not...

Reviewed for legal accuracy by Wayne Lazarus, a member of the Georgia and Florida Bars with more than 50 years of experience.

Last reviewed September 7, 2026

IndianaCourt decisionGovernment SettlementSettlement AuthoritySettlement Enforcement

Mediation Case Watch

Who Controls an Observer or Co-Mediator’s Role?

Florida’s Mediator Ethics Advisory Committee concluded that an observer or co-mediator may participate only with the parties’ express consent and must remain within the role the parties approved. The conducting mediator...

Reviewed for legal accuracy by Wayne Lazarus, a member of the Georgia and Florida Bars with more than 50 years of experience.

Published September 15, 2026 Last reviewed September 7, 2026

FloridaEthics or advisory opinion

Mediation Case Watch

When Does an Email Exchange Create a Binding Mediation Settlement?

The Eleventh Circuit affirmed enforcement of a settlement formed through post-mediation emails under Georgia law. The court treated the exchange as an offer, counteroffer, and unequivocal acceptance, while also limiting...

Reviewed for legal accuracy by Wayne Lazarus, a member of the Georgia and Florida Bars with more than 50 years of experience.

Published September 15, 2026 Last reviewed September 7, 2026

Federal / Eleventh CircuitCourt decision

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