Ethics-Governance: Article: Improper For A Mediator To Provide Legal Advice Even If Framed As A Question

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Improper For A Mediator To Provide Legal Advice Even If Framed As A Question Improper For A Mediator To Provide Legal Advice Even If Framed As A Question, Florida Mediator Ethics Advisory Committee. It is improper for a mediator to provide legal advice by any method within the scope of a mediation, whether such advice be by statement, question or any other form of communication. Your selected article and the entire Mediate.com Library are yours for free. First we need a small amount of information to best serve you: I am: a member of the public a mediator (including attorney-mediator) an attorney other dispute resolution professional My area code is: or no area code (International) Thanks for the opportunity to serve you. Privacy Why we ask October 5, 1995 The questions contained in the original text of the mediator's letter have been reformatted for appearance & clarity. The Question Case Scenario Douglas Stern, an authorized agent for Tough Financing, Inc., has brought an action in small claims court against Mary Naive for failure to make monthly payments as agreed in a contract and note executed several months ago. Both the contract and the note are standard documents used by the consumer lending company throughout the State of Florida. The claim is for $1250. At a pre-trial session, Mary admits to owing the money. The judge asks the defendant if there is any reason why he should not award a judgment to the plaintiff. Mary responds that she would like to work out a payment schedule so the judge orders a session of mediation. At the mediation session, Al Nicely, the mediator, scans the agreements and learns that Mary has obligated herself to pay interest at the rate of 29.5% per year if the payments are in arrears. The mediator also learns that Doug Stern told Ms. Naive in the hallway before the court session that she should avoid a judgment because it would hurt her credit. Full Article: http://www.mediate.com/articles/floridaopinions3.cfm


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