Help Desk / Mediation Case Watch
Source-linked decisions and mediator-ethics authorities, translated into practical guidance for the people who manage mediation processes.
16 published entries
Florida Supreme Court Mediator Ethics Advisory Committee (MEAC) Florida
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 remains responsible for safeguarding the mediation process, …
Read the analysisU.S. Court of Appeals for the Eleventh Circuit Federal / Eleventh Circuit
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 mediator testimony to whether mediation ended and whether …
Read the analysisCourt of Appeals of Indiana Indiana
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 approve it. The court held that …
Read the analysisFlorida Supreme Court Mediator Ethics Advisory Committee (MEAC) Florida
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 confidentiality, neutrality, and impartiality, and the mediator may not …
Read the analysisFlorida Supreme Court Mediator Ethics Advisory Committee (MEAC) Florida
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 communications.
Read the analysisFlorida Supreme Court Mediator Ethics Advisory Committee (MEAC) Florida
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 way to harmonize conflicting requirements, but the mediator …
Read the analysisFlorida Supreme Court Mediator Ethics Advisory Committee (MEAC) Florida
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 assistance remains directly related to the mediation process. The mediator …
Read the analysisOhio Eleventh District Court of Appeals Ohio
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 authority to bind …
Read the analysisSuperior Court of New Jersey, Appellate Division New Jersey
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 reduced to a signed writing before the …
Read the analysisFlorida Supreme Court Mediator Ethics Advisory Committee (MEAC) Florida
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 agreement, the mediator should report …
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