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Arbitration & Mediation

: Florida Mediator

?But Judge, I Really Want To Mediate!?

By Perry S. Itkin, J.D., M.S.

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Coastal Systems Development, Inc. v. Bunnell Foundation, Inc., 2007 Fla. App. LEXIS 4900 [Fla. 3rd DCA 2007] involved a consolidated appeal from the trial court?s non-final order denying a motion to compel mediation, for stay pending arbitration and to strike notice for trial, as well as the trial court?s non-final order denying a motion to compel arbitration.

In this breach of contract action, Appellant moved to dismiss the complaint based on a mediation provision contained in the contract. The trial court heard Appellant?s motion to stay the proceedings pending mediation and denied it because Appellant would not provide Appellee with a copy of certain financial documents in connection with the project [under the contract the parties were to share equally in all profits]. The trial court reasoned that Appellee could not determine the profits thereby making mediation useless without Appellant?s production of the requested documents [imagine that!!].

Appellant obtained new counsel who filed another motion to compel mediation, even though the trial court previously had ruled on the issue. Guess what ? denied!

The Third District Court of Appeal held that the trial court properly denied Appellant?s motion to compel mediation and to abate the action pending mediation ? the motion had been previously denied. The prior denial of mediation was not an appealable order. Twice denied ? twice non-appealable!

The opinion also addresses Appellant?s waiver of its right to arbitrate by actively participating in the lawsuit.

To email me, click Perry S. Itkin.

Full post as published by Florida Mediator on April 09, 2007 (boomark / email).