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Civil Mediation in Palm Beach: A "Retired" Massachusetts Judge Pioneers a Successful New Program

NCJ Number
119186
Journal
Judicature Volume: 73 Issue: 1 Dated: (June-July 1989) Pages: 51-53,57
Author(s)
L C Ratliff
Date Published
1989
Length
4 pages
Annotation
A civil mediation program established in Palm Beach, Fla. by a judge who had retired from the Massachusetts bench has settled a large number of cases and has served as a model for other Florida circuit courts seeking affordable ways of containing or reducing their delay problems.
Abstract
The program grew out of a chance meeting in 1975 between retired judge Albert Silverman and Judge Edward Rodgers of Florida's 15th Judicial Circuit. Judge Silverman told Judge Rodgers that he was tired of retirement. Judge Rodgers asked him to become a special master to preside at depositions for a complicated case. During this and subsequent assignments Judge Silverman realized that he was using the same techniques he had used to encourage case settlement. As his numbers of referrals grew, he realized the need for a more formal program. To avoid the need for public funding, the program operates as a self-supporting approach using mediation fees to pay retired judges working as independent contractors. The average civil case takes just under 2 hours to mediate and the mediator's fee of $125 per hour is split between the parties. Mediators sometimes forego their fees. Program support staff handle the billings. The program currently handles mainly personal injury and contract cases. It has 10 mediators and settles 973 cases in 1988.

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