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Some Early Observations on an Experiment with Mandatory Mediation

NCJ Number
119460
Journal
Ohio State Journal on Dispute Resolution Volume: 4 Issue: 2 Dated: (1989) Pages: 235-254
Author(s)
S Lubet
Date Published
1989
Length
20 pages
Annotation
This article reports on Florida's recently-enacted comprehensive alternative dispute resolution statute, with special emphasis on the effectiveness of its mandatory mediation provision.
Abstract
The Florida Mediation Act defines mediation and, with certain exceptions, authorizes courts to refer all or a part of a contested lawsuit to mandatory mediation. The article discusses in detail two concepts that are critical to court-annexed mediation: case suitability and selection and mediator training and qualifications. While mediators sometimes minimize the role of lawyers in alternative dispute resolution, lawyers can and must play a role in court-annexed mediation, especially in complex civil cases. 74 footnotes.

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