Can my spouse attend mediation in my personal my injury case.

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3 years ago I was seriously injured. We have been in litigation for most of this time. I was told that my husband may not be permitted to be with me in mediation. We married 30 years ago and divorced for less than a 1 year in the 90's and been together ever since without remarrying. He was with me at the time I was injured, taken me to every surgery and doctors appointment, has cared for me all the way through this grueling process. He is and always has been my sole support system and the thought of coming this far and not having him involved in something as important as mediation that will have a serious affect on our future due to my disabilities is devastating, very questionable and hard to believe. Is this really possible and if so, what do I do to make sure he's there with me.

10 Attorney Answers

Best Answer
Although I would certainly defer to FL attorneys, I cannot imagine what the purpose would be of not permitting a spouse at a mediation. The purpose of a mediation is to try to reach an agreement on a settlement. If his being there will help you with making a decision you are comfortable with then he should be there. Who is telling you this?
Best Answer
Your lawyer will be able to advise you as to the ground rules of the mediation. Perhaps you will not be able to be present during your husband's presentation of the facts as he will be a witness to your injuries and care. You must realize mediation is a process where the parties try to work out an agreement. So, if you are offered a settlement you certainly will be able to discuss it with your husband. Good luck.
Best Answer
I have taken the Florida Supreme Court approved mediation course and not heard that there is a prohibition on people attending mediation. In my experience, the parties agree to the attendees. If you want your husband there, ask your lawyer to negotiate with the other side to have him there. I recently scheduled a mediation where we argued over whether the accountants could attend mediation. In the end, we had to agree that only the parties would attend because the mediation was court ordered and we could not come to any other agreement. Even if your husband cannot attend the actual mediation, he can go with you and wait "outside" so that you can have his moral support.
Best Answer
He should at least be able to sit with you in the break out session. Generally speaking, a mediation involves an opening where the mediator explains the process and then the attorneys make statements on behalf of their clients. After the opening the parties separate into different rooms and the mediator goes between the rooms. My only concern would be attorney client privilege. If he overhears what your lawyer tells you or if you share confidential information with him, it is no longer confidential. However, settlement negotiations are not admissible at trial anyway, so if you feel like he is your support system and that you will be more comfortable with your decision if he helps you make it, then talk to your lawyer about having him there, or at least available by phone.
Best Answer
Technically speaking, given the rules and laws that make mediations confidential in Florida, the adverse party could keep anyone out of the proceedings not otherwise under the discretion of the court. This is often relaxed though. Your lawyer just needs consent from the other side.
In all honestly, I think he may have actually had a claim of his own for losses of consortium under these facts. It really depends on the specifics about your marriage. Florida was once a common law marriage state, so is argue you are still married.
Best Answer
Yes if all sides agree. But he is a witness to your suffering and it would be best if he is not to prevent him from being excluded as a witness.
Best Answer
NYour spouse can attend the part of mediation which involves the meetings between you and the mediator, but not the other side's representatives. In fact, there is no way for the other side to even know that your spouse is in attendance at those meetings. It would be part of mediation and the mediator would be prohibited from disclosing that fact.
But mediation begins in a session involving all parties. Your spouse could be prohibited from attending that portion of mediation because your spouse's presence would destroy the confidentiality of that portion of mediation. Nevertheless, if the other side agrees, and if your spouse signs a confidentiality agreement, there should be no problem with your spouse,s attendance.
I am a Florida Supreme Court Certified Civil Mediator, and I have never seen anyone successfully object to the presence of a spouse at mediation.
Best Answer
Have your attorney confirm with opposing counsel prior to the start. I've never encountered an issue. All participants have to sign a confidentiality agreement.
Best Answer
From the perspective of the mediator, there is no prohibition to your spouse attending the mediation assuming he agrees to be bound by the confidentiality provisions mandated by Florida Statutes. That being said, it is always a good idea to raise the issue ahead of time so that the participating lawyers can work out any issues they may have with the non-party's attendance, including protection of your attorney-client privilege.

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