Ed Ahrens, Jr., Esq. writes monthly thought provoking Editorials on mediation. These views are Ed's and do not necessarily reflect those of Florida Mediation Group.

In the fields of observation chance
favors only the prepared mind.

Louis Pasteur 1822-1895
Inaugural lecture, University
Of Lille, December 7, 1854

After all these years following the codification of mediation ground rules, I continue to be amazed at the all too frequent lack of preparation by attorneys and adjusters coming into a mediation proceeding.

Come on, folks. If you were ever in the Boy Scouts or Girl Scouts, you know their motto is "Be Prepared!" And, as Mr. Pasteur so eloquently states, if your mind is not prepared, you don’t have a snowball’s chance in…well, that’s what he would have said today.

Just as we occasionally replenish our spiritual needs by returning to the scriptures of our particular faith, so should attorneys replenish their mediation skills by reading, or rereading, Florida Statutes, Chapter 44; the Florida Rules of Civil Procedure, 1.700, et seq.; the Family Law Rules of Procedure, 12.740, et seq.; and, yes, the Florida Rules for Certified and Court-Appointed Mediators, 10.010, et seq. The latter will give you a good idea of the requirements and authority of and limitations on a mediator. And it doesn’t hurt for us mediators to go back to those books from time to time. Changes are taking place, and our memories are not always as swift as we might think they are.

I still get occasional requests to evaluate a claim, to offer a legal opinion, even to render a decision—all of which are prohibited by the rules. Mediators are facilitators, not judges or arbitrators. We are there to reach a common ground between the two (or more) sides, where a settlement can be reached for the benefit of all sides.

When we are all—mediators, adjusters, attorneys and clients properly prepared by counsel—familiar with the process, you will be surprised how smoothly the process flows. Be prepared to know what the mediator can and cannot do, what he or she should or should not do, what you, adjuster and attorney, can do to help the mediator and the other side reach your ultimate goal of a negotiated, reasonable resolution of the dispute that brings you to mediation.

The process works, and it works best when we come prepared to make it work.

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