Whew! Just settled my first Superior Court civil mediation. A case involving a non-English speaking elderly client, who really really didn’t want to have to go through trial. Possible jury verdict could have been zilch to around $80k. I got her $50k.
The Committee’s formal opinion noted that the public Facebook post “would not be proper unless the mediator had the consent of all parties.” I’ll say!
(See, that’s why I wouldn’t do well on Committees like this. Lack the tact.)
Two grounds were cited in support of the Committee’s analysis. First, Standard II(B), requiring impartiality, was violated by the mediator’s apparent sole concern on “getting” the plaintiff benefits. Second, the Facebook post violated two subsections of Standard V (confidentiality) inasmuch as (a) it disclosed facts about participants in, and the outcome of, a confidential mediation and (b) it revealed the plaintiff’s sentiments concerning trial, which were presumably communicated during private session.
