Alternative Dispute Resolution:

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Jack and Jill, residents of Orlando, FL, had a nasty incident involving a hill, some water and a broken crown, in which both parties got hurt. Jack and Jill ended up suing each other in Florida state court. After a few months of nasty motion practice, Jill comes to your office and tells you that she’s heard of this wonderful thing called mediation, under which she and Jack could be helped to reach a settlement. She has a few questions for you about mediation, all under Florida law:

1) Can she ask the court to order the parties to mediation if Jack 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 Jack doesn’t show up to the mediation proceeding, what can the court do to “convince” Jack to grace the proceeding with his presence?

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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 answer these questions. Please cite appropriate Florida law in support of your answers. Case law is NOT necessary for this assignment. You can answer all questions based on Florida statutes and Florida Rules of Civil Procedure. 

This is NOT an IRAC-based essay question. You may answer each question in one paragraph.

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