ADR CORNER
ADR CORNER
Preventing:“ That Mediation Was a Waste of Time”( Continued)
HANK JACKSON
The point is to assess before the mediation whether adequate information has been exchanged. This may include confirming with all parties that they have the information needed for the mediation. If they do not, consider trying to cancel or postpone the mediation until sufficient information is exchanged. If the inadequacy of exchanged information becomes apparent at the mediation session, promptly steer the focus of the mediation to how to effectuate the needed exchange.
Mediation Fatigue
Multiple mediations can be ordered by a court. This includes those narrowly focused on single issues such as discovery disputes or recovery of attorneys’ fees. Can the increasing number of mediations in a case have unintended consequences— diminishing their effectiveness and making them perfunctory? In other words, do numerous mediations become merely procedural hurdles for litigants— ones they satisfy incurring as little time and money as possible?
The courts are not privy to why mediations impasse or whether such mediations were truly a waste of time. Only counsel and the parties can make that assessment. For that reason, counsel and the parties should not be reluctant, when circumstances warrant, to request the court to waive, cancel or postpone mediations— especially when all parties agree that a particular mediation would be a waste of time.
Conclusion
A danger sign for the mediation process is“ that mediation was a waste of time.” Indeed, parties should receive some benefit from all mediations— including those that impasse. Moreover, failing to prevent the waste of time mediation may hamper future mediations in the same or different cases. Counsel and parties who experience a mediation that was a waste of time may not invest time and resources in their next mediation— thus creating a selffulling prophecy. It is better to promptly address and prevent the problem rather than let it spread.
Hank Jackson has practiced law for 35 years and now serves as a mediator. He is a Florida Supreme Court Certified Civil Circuit Mediator and is Board Certified in Business Litigation by the Florida Bar. He can be reached at 561-271-1878 or hank @ hankjacksonlegal. com or visiting http:// hankjackonlegal. com. For additional ADR tips and resources, go to www. palmbeachbar. org / alternative-disputeresolution-committee.
Kathleen“ Katie” Benjamin Joins Pressly, Pressly, Randolph & Pressly as Partner
561.659.4040 251 Royal Palm Way, Suite 300 Palm Beach, Florida 33480 pprplaw. com
Pressly, Pressly, Randolph & Pressly, P. A. is pleased to announce that Kathleen B.(“ Katie”) Benjamin has joined the firm as a partner in its Palm Beach office. Katie, who has been practicing in Palm Beach for more than 10 years, will serve the firm’ s clients in areas of estate planning, tax planning, estate and trust administration, and real estate. Katie received her undergraduate degree from the University of Pennsylvania and received her J. D. and LL. M. in Taxation from Villanova Law School. She is licensed in Florida, Pennsylvania, and New Jersey.
PBCBA BAR BULLETIN 8