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Message: Re: SGE1 - Chapultapec - milestone - SGE1
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Sep 27, 2007 05:43AM
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Sep 27, 2007 07:02AM
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Sep 27, 2007 07:08AM
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Sep 27, 2007 08:51AM
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Sep 27, 2007 11:39AM
7. An attorney-mediator should protect the integrity of both the trial and
mediation processes by refraining from communicating with the assigned
trial judge concerning the substance of negotiations or any other
confidential information learned or obtained by virtue of the mediation
process, unless all of the participants agree and jointly ask the attorney-
mediator to communicate in a specified way with the assigned trial judge.
Comment: This policy forbids attorney-mediators from speaking with the
assigned trial judge about the substance of confidential negotiations and also
prohibits the assigned trial judge from seeking such information from an
attorney-mediator. Docket control should be facilitated by means of the
attorney-mediator’s report (see section (f) of the Plan) of whether the case
settled or not or through other periodic reporting that does not discuss

Again, all it addresses is "substance". What "substance" exists in advising the Judge whether the mediation is progressing well or not? What substance is there in advising the Judge, upon completion of scheduled mediation, whether mediation was successful or not (prior to the formal report)? Nothing of substance is being disclosed. Please consider what you regard as "substance" in the context of the rules (e.g., "substance" would be details of discussions, information shared, etc. - not "how's it goin'?" or "how'd it go?" IMO). Perhaps if I offerred the (desired) replies to the Judge to such questions, like "okay", "not well", "uncertain". Any "substance" in there?

Perhaps it's that I'm to thick to get what you're driving at..... I KNOW I'm too wide! (annual physical yesterday. Everything's good, except that I've shrunk 2 inches which, sense correct weight is determined by height, has put me in just into the "obese" category. I intend to hang myself - not to die, but to scretch back out to my former height!).

SGE

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