County Mediation Matters
A Publication of the Administrative Office of the Court	Volume 12, Number 3 Fall 2006

Mark Your Calendars!

The 2006 Holiday Appreciation Luncheon will be on Wednesday, December 13^th at Liquid Ginger in the Sun Center downtown. If you have never eaten at Liquid Ginger, prepare for a real treat! We plan to continue our annual tradition of a gift swap, so if you’d like to participate, bring a gift valued at about $10.

Resist Temptation!

Don’t risk a grievance against you by falling victim to either of these bad habits:

- Skipping the opening statement because “they’ve heard it all before.” The mediator must, at a minimum, explain confidentiality, the mediator’s role as an impartial facilitator, and mediation as a consensual process before each mediation session (Rule 10.420, Florida Rules For Certified And Court-Appointed Mediators). It’s certainly permissible to tailor the opening to the experience of the parties, but you cannot skip the opening completely. For example, you might begin a mediation with two parties very familiar with the process by saying, “I know you’ve both done this many times before, but I just need to remind you that ...” and list the three required elements.

- Giving advice or telling parties what to do because, based on past experience, you “already know the terms the other side will agree to.” As tempting as it may be to short-circuit the process when dealing with repeat players, it is a violation of the ethical rules governing self-determination by the parties (Rule 10.310); mediator impartiality (Rule 10.330(a)); offering of advice and opinions (Rule 10.370); and even confidentiality (Rule 10.360) if you are using information gained from other mediations.

Reminders

- It is EXTREMELY IMPORTANT that you never, never, never, leave a court file unattended.

- Please give the judge your undivided attention while court is in session. We know that most everything is familiar by now, but it appears disrespectful to the Court when mediators are engaged in other activities such as talking or reading the newspaper while awaiting a case assignment.

Calendar

Please note the following important dates.

October 27	CME Luncheon
November 10	Veterans Day Holiday - Courthouse closed, No Pre-trials
November 17	CME Luncheon
November 23-24	Thanksgiving Holiday - Courthouse closed, No Pre-trials
December 13	Holiday Appreciation Luncheon
December 25-26	Christmas Holiday - Courthouse closed
December 29	No Pre-Trials
January 1, 2007	New Year's Day - Courthouse Closed
January 5, 2007	No Pre-Trials
January 15, 2007	Martin Luther King Holiday - Courthouse closed
January 19, 2007	CME Luncheon
February 2, 2007	No Pre-Trials

If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance.  Persons with a disability who need any accommodation in order to participate should call Jan Phillips, ADA Coordinator, Alachua County Courthouse Family and Civil Justice Center, 201 E. University Ave., Gainesville, FL 32601 at (352) 337-6237 within two (2) working days of your receipt of this notice; if you are hearing impaired, call (800) 955-8771; if you are voice impaired, call (800) 955-8770.

Eighth Judicial Circuit County Mediation Program Results

3^rd Quarter Stats

July through September

County	Cases Mediated	Written Agreements Reached	Percent Written Agreements	Pending Continued Cases	Continued Cases Defaulted
Alachua	137	94	71%	5	2
Baker	12	9	90%	2	0
Bradford	7	3	60%	2	0
Gilchrist	4	4	100%	0	0
Levy	4	2	50%	0	0
Union	3	3	100%	0	0
Total	167	115	73%	9	2

2006 Year-To-Date

January through September

County	Cases Mediated	Written Agreements Reached	Percent Written Agreements	Pending Continued Cases	Continued Cases Defaulted
Alachua	432	291	68%	6	7
Baker	51	43	88%	2	0
Bradford	20	10	56%	2	1
Gilchrist	6	6	100%	0	0
Levy	16	11	69%	0	0
Union	7	6	86%	0	0
Total	0	0	70%	0	0

Note: The percentage of written agreements does not include pending continued cases.