Test your knowledge of the Mediator Code of Conduct.

??The Limits of Confidentiality

The Setup

You are mediating a low-impact auto accident case. In a private caucus, the plaintiff's attorney steps out. The plaintiff confidentially tells you, "My doctor actually said this pain is likely *not* permanent, but my lawyer told me to stick to the script. I just want to settle."

The Dilemma

You now possess crucial, confidential information that undermines the core legal claim for non-economic damages, shared without the presence of their counsel.

Discussion Questions

What is your immediate obligation regarding the plaintiff�s statement, referencing Florida Statute � 44.405?
What does the Code of Conduct say about maintaining impartiality when you possess highly prejudicial, non-shareable information?
If you use this knowledge to lower your mediator's proposal, have you violated the ethical standard of self-determination or impartiality?

??Conflict of Interest

The Setup

You are hired for a PI mediation. The primary defense counsel is the same attorney who handled your personal corporate legal matter last month. The opposing (plaintiff's) counsel is also a frequent client, but you have no current business relationship with them.

The Dilemma

Plaintiff�s counsel raises a concern in the joint session about your relationship with the defense attorney, suggesting an appearance of a conflict of interest.

Discussion Questions

What is the mandatory disclosure requirement regarding prior or current professional relationships with counsel?
How should you respond to the plaintiff's counsel's concern to maintain the perception of impartiality?
Under what conditions must you withdraw from the mediation, and when is withdrawal discretionary?

Mediator

Defense Counsel

Current Personal Attorney

Plaintiff's Counsel

Frequent Mediation Client

??Self-Determination & Unrepresented Parties

The Setup

You are mediating a slip-and-fall case. The defense adjuster has made a final offer of $10,000. The plaintiff is unrepresented (pro se) and highly emotional, stating "I'm tired of this. Just tell me what to sign so I can get this money."

The Dilemma

You know the case is likely worth $25,000 to $30,000. You are concerned the plaintiff is agreeing to a settlement solely due to financial duress, violating the principle of self-determination.

Discussion Questions

What special ethical obligations does a mediator have when one party is unrepresented?
How do you guide the plaintiff toward realistic valuation without giving legal advice?
If you believe the settlement is manifestly unfair, what are your ethical options under the Code of Conduct?

Florida Mediator Ethics: Interactive Scenarios

??The Limits of Confidentiality

The Setup

The Dilemma

Discussion Questions

??Conflict of Interest

The Setup

The Dilemma

Discussion Questions

??Self-Determination & Unrepresented Parties

The Setup

The Dilemma

Discussion Questions

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Company

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