More than likely you have landed here because you have read Mike Young's article entitled Mediation Gone Wild: How Three Minutes Put an ADR Party Behind Bars published in Alternatives, and are now interested in seeing some of the underlying court documents on which the article is based. If so, you are in the right place. If not, stick around anyway. This is pretty interesting. |
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Introduction to the Article:
Mediation may not be confidential enough as far as Girls Gone Wild founder and auteur Joseph Francis is concerned. As a result of rather unusual conduct at a "confidential" mediation session, the 34-year-old Francis found himself first in court, compelled to disclose mediation communications, and then behind bars, an unwilling guest of the Federal Bureau of Prisons.
Francis' unusual mediation odyssey is an interesting story, if a bit tawdry and salacious. But for students of alternative dispute resolution, it also raises fundamental- and captivating -questions dealing with mediation confidentiality limits, the meaning of negotiation "bad faith," and the power of the courts to control private mediation and imprison its participants. The case may even challenge the notion of "voluntariness," a generally sacrosanct aspect of mediation.
The article is based on the actual court filings in the Florida civil action entitled Doe v. Francis, No. 5:03cv260 (FL ND). If you are interested in reading some of the court filings, click here.
About the Author:
Michael Young is a mediator with Judicate West in Los Angeles focusing on the resolution of intellectual property and other complex business and commercial disputes. He is also an intellectual property litigator with the Los Angeles law firm of Weston, Benshoof, Rochefort, Rubalcava & MacCuish LLP. He is a fellow with the International Academy of Mediators, and an adjunct professor of negotiations and mediation at the University of Southern California Law School in Los Angeles. For more information on Mr. Young, including links to some of his other articles, click here.
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About Weston Benshoof: Founded in 1984, Weston Benshoof is a California-based law firm focused on complex commercial and intellectual property litigation, environmental law, business counseling, and real estate development. The firm's clients range from national Fortune 500 corporations, to emerging companies, to public agencies at all levels of government. For more information on the firm, please click here. |
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About CPR: The International Institute for Conflict Prevention & Resolution: CPR Institute is a membership-based nonprofit organization that promotes excellence and innovation in public and private dispute resolution. It serves as a primary multinational resource for avoidance, management, and resolution of business-related disputes. For more information on CPR Institute, click here. |
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About Alternatives: Alternatives is CPR's news source for ADR professionals. Published monthly by Jossey-Bass, a unit of John Wiley & Sons Inc., Alternatives brings timely insightful articles on breaking conflict resolution developments and business practices, and includes coverage of ADR-related court decisions, reports on successful negotiation, mediation and arbitration techniques, and emerging trends in ADR use. For more information about Alternatives, including subscription information, please click here. |
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About Judicate West: With conference and mediation facilities throughout southern California, Judicate West provides disputants throughout the State and the West with the best, most convenient and affordable neutral dispute resolution services in the industry. To meet the dispute resolution needs of the community, Judicate West provides an expanded panel of distinguished retired Judges, prominent attorney arbitrators and mediators, and professional ADR specialists. It also provides a staff of knowledgeable, service-oriented case managers who contact the litigants and help obtain their participation in the ADR process, plus experienced administrators who efficiently handle case coordination, scheduling, confirmation and other time consuming details. To learn more about Judicate West, or to schedule a mediation or arbitration, please click here. |