Humpty and Dumpty, residents of Miami, Florida, had a nasty incident involving a wall, a fall and
Question:
Humpty and Dumpty, residents of Miami, Florida, had a nasty incident involving a wall, a fall and a broken egg, in which both parties got hurt. Humpty and Dumpty ended up suing each other in Florida state court. After a few months of nasty motion practice, Humpty comes to your office and tells you that he's heard of this wonderful thing called mediation, under which he and Dumpty could be helped to reach a settlement. He had a few questions for you about mediation, all under Florida Law:
1) Can he ask the court to order the parties to mediation if Dumpty refuses to go? If so under what circumstances will the court do so?
2) Who can serve as the mediator (what are the qualifications) if the court directs the mediation?
3) If Dumpty doesn't show up to the mediation proceedings, what can the court do to "convince" Humpty to grace the proceeding with his presence?
4) If the mediation fails, will the mediator be able to tell the judge what went wrong and how the case might be settled?
Please cite appropriate Florida Law in support of your answers, Case law is not necessary.