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How does the mediator make sure the person has authority to settle?

While the mediator can ask about authority, the mediator can’t “make sure”.  The person at the mediation may have sufficient authority, or may not on his or her own.  It is possible that the authority is held and exercised by someone else who is involved directly or indirectly.  The amendment to Rule 1.720 creates a burden to certify authority.  As a practical matter, sometimes the requisite authority is obtained just as the case settles.

Most mediators have the courage to ask.

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