Essay on Adr Assignment 3

825 Words Jun 16th, 2016 4 Pages
1) Can she ask the court to order the parties to mediation if Jack refuses to go? If so, under what circumstances will the court do so?
Yes, Jill can because the only way that Jack wouldn’t have to attend is if he is authorized by the court or the mediator to attend the mediation by telephone. But other than that he would have to attend the mediation he wouldn’t be able to just ignore it. Stated in M. D. Fla. L.B.R. 9019-2 it says that “(k) Participation of Parties at Mediation . --All parties to the mediation are required to attend the mediation in person, unless authorized by the Court or the mediator to attend by telephone. Parties are encouraged to participate in the mediation in a good faith attempt to resolve the issues between
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If Jack does not go to mediation proceeding, he can possibly be fined and will have to make payments for session fees and/or attorney fees. That’s why they try to convince you to go to court so you avoid the fees In Fla. 5th Jud. Cir. AO A2008-27 it states that “Upon the Court's own motion or upon motion of the appearing party or Court Mediation Services, a party's failure to appear for the mediation session may result in sanctions being imposed by the Court against the non-appearing party, including, but not limited to, payment of session fees and attorney fees, if any. These fees will not apply to any future mediation sessions. If an indigent party fails to appear, sanctions, including the cost of a mediator for a session may be applied.” Also Jill can try to convince Jack to attend a class with the mediator to just educate them about the mediation process.

4) If the mediation fails, will the mediator be able to tell the judge what went wrong and how the case might be settled?

No it is supposed to be confidential. Usually the judge won’t even know the mediators name unless it is a court-ordered mediation. Mediation is supposed to remain between the parties, mediator, their lawyer if they have one,

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