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 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 mediator may explain applicable participation requirements and …
Read the analysisFlorida Supreme Court Mediator Ethics Advisory Committee (MEAC) Florida
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 explanations, descriptions, recommendations, or commentary unless the …
Read the analysisFlorida Supreme Court Mediator Ethics Advisory Committee (MEAC) Florida
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 self-determination. Information should not be selectively provided in …
Read the analysisFlorida Supreme Court Mediator Ethics Advisory Committee (MEAC) Florida
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 parties. A mediator may report a settlement …
Read the analysisArizona Court of Appeals, Division One Arizona
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 divorce settlement. Communications protected by A.R.S. § …
Read the analysisNew York Court of Appeals New York
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 agreement permitted disclosure with both parties’ consent. …
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