At the Very Least, Appear at Mediation, Court Reminds

In a recent opinion, the Fifth District Court of Appeal reminds participants and counsel how important it is to at least appear at mediation.

I’ve been a Supreme Court of Florida-Certified Appellate Mediator since 2001, so I took special notice when Florida’s 5th DCA specifically stated that representatives of the parties with full settlement authority were required to attend a mediation in person, unless excused from attendance by the court. The court’s order, referring a matter to appellate mediation, further stated that the failure to appear could result in the imposition of sanctions.

Mediating Professor: Lawrence Kolin Guest Lectures

Last week, I had the privilege of teaching the Mediation Theory & Practice class of my UWWM colleague Brandon Peters at Florida A&M University College of Law. I was glad to find the students bright and eager to learn the practical side of our profession. Our topic was representing clients at mediation. This required putting back on the advocacy hat and thinking about the process of mediation in a different way than in my daily job as mediator. As a neutral, we are motivated to facilitate the parties in making a decision for themselves. In examining how attorneys should represent clients at mediation, we reviewed the traditional role of a zealous advocate and what issues might arise during negotiations, such as lawyer-client conflicts of interest, non-economic concerns and other potential inhibitors to a deal.