IN RE APPELLATE MEDIATION AND CASE MANAGEMENT, 96-3

Fla. 1st DCA | 1996-06-14
695 So. 2d 714 Florida District Court of Appeal, First District (1996)

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Synopsis

The Florida District Court of Appeal, First District, establishes procedures for implementing appellate mediation and case management in appeals, effective July 1, 1996, pursuant to Florida Supreme Court approval. The procedural rules authorize the court to direct parties to participate in mediation or case management conferences and set forth the scope, confidentiality, and implementation requirements for such proceedings.


Holding

The court establishes that it may direct parties and attorneys to appear for mediation or case management conferences; the court, judge, or conference officer may issue orders addressing settlement possibilities, issue simplification, and procedural matters; all mediation proceedings are confidential; and attorneys must serve preliminary mediation information forms as directed.


Headnotes

[1] An appellate court may direct parties or their attorneys to attend a mediation or case management conference to consider settlement, issue simplification, and other matte…

[2] An order entered after a mediation or case management conference controls subsequent proceedings unless modified by the court to prevent manifest injustice.

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Key Quotes

“the court may direct the parties or attorneys for the parties to appear before the court, a judge of the court, or a conference officer appointed by the court for mediation or case management conference to consider possibility of settlement, simplification of issues, and such other matters as may aid the parties or the court in disposition of the case”

Establishes the core authority and purposes of appellate mediation and case management

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Facts & Procedural History

The Florida Supreme Court approved an Administrative Order dated December 19, 1995, authorizing the implementation of appellate mediation and case man…

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Opinion of the Court
THE COURT:

THE COURT:

Pursuant to the approval of the Florida Supreme Court by Administrative Order dated December 19, 1995, the court hereby establishes the following procedures for implementation of appellate mediation and case management effective July 1,1996:
1.The court may direct the parties or attorneys for the parties to appear before the court, a judge of the court, or a conference officer appointed by the court for mediation or case management conference to consider possibility of settlement, simplification of issues, and such other matters as may aid the parties or the court in disposition of the case. The court, judge, or conference officer may make an order that:
(1)recites the action taken at the conference including any agreements made by counsel as to any of the matters considered;

(2) limits the issues to those not disposed of by agreement of counsel; or

(3) sets forth the procedure and time limits for conducting mediation as directed by the court in light of the particular circumstances of each case. With the consent of all parties, mediation may be conducted by a private mediator selected by the parties and approved by the court at the cost of the parties.

2. When entered, such order controls the subsequent proceeding, unless modified by the court to prevent manifest injustice. All proceedings involving appellate mediation shall be confidential.

3. Attorneys for appellants whose cases are subject to consideration for mediation shall serve upon the Mediation Officer, in accordance with directions from the Mediation Officer, a Preliminary Mediation Information form, which form will be sent to those attorneys for completion after the notice of appeal is filed with the court.


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