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Mediators Duty When Informed In Caucus Of Hidden Assets Mediators Duty When Informed In Caucus Of Hidden Assets, Florida Mediator Ethics Advisory Committee. A mediator who is informed in caucus of hidden assets should withdraw from the mediation unless disclosure is made. If a party “misses” a cause of action, a mediator is precluded from giving legal advice to point this out. The ethical rules apply to non-certified mediators who mediate court-ordered cases. 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 & brevity. The Question 95-005A What is the duty of a mediator who is informed during a caucus of a family (dissolution of marriage) mediation that one spouse possesses an asset of which the other spouse has no knowledge? 95-005B What is the responsibility of the mediator when one of the parties discloses the intention to commit a crime or acts which will be done in order to complete commission of a crime? 95-005C Is a mediator who becomes aware that a plaintiff in a wrongful death action is making no claim for loss of consortium, which claim would appear to the mediator to be appropriate under the circumstances, bound to inform that party of this matter? 95-005D Do the mediation rules apply to non-certified mediators who are mediating pre-litigation and post-litigation cases? Sincerely, Certified County, Family & Circuit Mediator Central Division Summary of the Opinion 95-005A It is the opinion of the panel that since disclosure of the information would be a confidentiality violation and non-disclosure of the information would effect the integrity of the agreement, the mediator should withdraw from the mediation unless the party discloses the asset. Full Article: http://www.mediate.com/articles/floridaopinions56.cfm |
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