Opinion

In Re: Amendments to the Florida Rules for Certified and Court-Appointed Mediators

Court
Supreme Court of Florida
Filed
Sep 12, 2024
Status
Published
Cited by
0 cases

The opinion

Supreme Court of Florida

____________

No. SC2023-1537

____________

IN RE: AMENDMENTS TO THE FLORIDA RULES FOR

CERTIFIED AND COURT-APPOINTED MEDIATORS.

September 12, 2024

PER CURIAM.

The Supreme Court Committee on Alternative Dispute

Resolution Rules and Policy has filed a petition proposing

amendments to the Florida Rules for Certified and Court-Appointed

Mediators. The amendments were unanimously approved by the

Committee. We previously published the amendments for comment

in The Florida Bar News and received two comments. The

Committee filed a response to the comments and revised its

proposal in consideration of the commenters’ concerns. Having

considered the Committee’s petition, the comments received, and

the Committee’s response, we hereby amend the Florida Rules for

Certified and Court-Appointed Mediators as proposed by the

Committee in light of its revised proposal. 1 The most significant

changes are addressed below.

First, for rule 10.100 (Certification Requirements), the text of

subdivision (a) (General) is split into two subdivisions, and the

remaining subdivisions are relettered accordingly. Language is

added to relettered subdivision (c) (County Court Mediators) to

explain the process for certified circuit court, family, or dependency

mediators to become certified county court mediators. Relettered

subdivisions (d) (Family Mediators), (e) (Circuit Court Mediators),

and (f) (Dependency Mediators) are amended to explain the process

for applicants to obtain the required 25 points in education, and

relettered subdivisions (d) and (e) are further amended to raise the

number of points that must be obtained through mentorship—

increasing from 30 to 40. Finally, relettered subdivision (i) (Referral

for Discipline) is amended to provide categories of discipline relating

to other certifications.

1. We have jurisdiction. See art. V, § 2(a), Fla. Const.;

§ 44.106, Fla. Stat. (2023).

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For rule 10.105 (Point System Categories), subdivision (b)

(Mediation Experience) is amended to clarify the parameters for

points that must be obtained through experience, and subdivision

(c) (Mentorship) is amended to provide that applicants must be

mentored by at least two different certified mediators. In addition,

the number of points that must be obtained through observation is

increased from 5 to 10, and the number of points that must be

obtained through supervised mediation is increased from 10 to 15.

Next, subdivision (a) (General Requirement) of rule 10.110

(Good Moral Character) is amended to replace specific language

referring to other rules in the ruleset with a general reference, and

the word “notarized” in subdivision (d) (Decertification) is changed

to “sworn.”

Rule 10.310 (Self-Determination) is amended to replace the

word “improperly” with “unduly” in subdivision (b) (Coercion

Prohibited). Thus, the amended subdivision will prohibit a mediator

from “unduly” influencing a party to make a decision or unwillingly

participate in mediation.

For rule 10.330 (Impartiality), subdivision (a) (Generally) is

amended to provide that impartiality is required even for common

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mediation techniques, and subdivision (b) (Withdrawal for Partiality)

is amended to require inquiries on circumstances that could

compromise a mediator’s impartiality.

Next, rule 10.340 (Conflicts of Interest) is amended by adding

a provision to subdivision (b) (Burden of Disclosure) that requires

potential conflicts of interest to be disclosed in a way that lets

parties exercise their self-determination rights. A new subdivision

(d) (Conflict of Interest) is added to explain circumstances that

constitute clear conflicts of interest, and language clarifying

restrictions is added to relettered subdivision (e) (Conflict During

Mediation). A new subdivision (g) (Social Networking) is added to

explain how social media and social networks can impact conflict-

of-interest determinations. Finally, a new Committee Note is added

to explain the changes to rule 10.340.

Next, rule 10.360 (Confidentiality) is amended to describe in

greater detail the guidelines of confidentiality in mediation.

Language is added to rule 10.380 (Fees and Expenses) stating

that a written explanation of fees and costs must include “potential”

fees and costs.

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In rule 10.420 (Conduct of Mediation), a Committee Note is

added to clarify how a mediator’s single opening statement must be

delivered, and subdivision (b) (Adjournment or Termination) is

amended to clarify how a mediator is required to adjourn or

terminate mediation. Notably, in the proposal we published for

comment, subdivision (b)(7) included the phrase “clear conflict of

interest,” but the Committee revised its proposal to delete the word

“clear” in consideration of the comments received by the Court. The

amendment that we adopt omits the word “clear” from the language

of subdivision (b)(7).

The title of rule 10.660 (Relationships with Other Mediators) is

changed to “Relationships of Other Mediators.”

Accordingly, the Florida Rules for Certified and Court-

Appointed Mediators are hereby amended as reflected in the

appendix to this opinion. New language is indicated by

underscoring and deletions are indicated by struck-through type.

The amendments become effective January 1, 2025, at 12:01 a.m.

It is so ordered.

MUÑIZ, C.J., and CANADY, LABARGA, COURIEL, GROSSHANS,

FRANCIS, and SASSO, JJ., concur.

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THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER

THE EFFECTIVE DATE OF THESE AMENDMENTS.

Original Proceeding – Supreme Court Committee on Alternative

Dispute Resolution Rules and Policy

Hon. Michael S. Orfinger, Chair, Committee on Alternative Dispute

Resolution Rules and Policy, DeLand, Florida, and Thomas A.

David, Chief, Alternative Dispute Resolution, Office of the State

Courts Administrator, Tallahassee, Florida,

for Petitioner

Christy Foley, Chair, Alternative Dispute Resolution Section of The

Florida Bar, Sanford, Florida, and Shari Elessar of Back on Track

Mediation, Royal Palm Beach, Florida; and Meah Rothman Tell,

Tamarac, Florida,

Responding with comments

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APPENDIX

RULE 10.100. CERTIFICATION REQUIREMENTS

(a) General. For certification as a county court, family, circuit

court, dependency, or appellate mediator, a mediator must be at

least 21 years of age and be of good moral character.

(b) Points. For certification as a county court, family, circuit court,

or dependency mediator, onean applicant must have the required

number of points for the type of certification sought as specifically

required in rule 10.105, except that certified family, dependency, or

circuit court mediators seeking county court certification may

qualify as provided in subdivisions (c)(2)-(3), below.

(bc) County Court Mediators. For initial certification as a

mediator of county court matters, an applicant must:

(1) hHave at least a high school diploma or a General

Equivalency Diploma (GED) and 100 points, which shallmust

include:

(1A) 30 points for successful completion of a Florida

Supreme Court certified county court mediation training program;

(2B) 10 points for education; and

(3C) 60 points for mentorship.;

or

(2) Be a currently certified Florida Supreme Court circuit court

mediator;

or

(3) Be a currently certified Florida Supreme Court family or

dependency mediator and obtain 30 points of mentorship from

observing or conducting mediations under the supervision of a

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certified county mediator for county court cases in the two years

preceding application.

(cd) Family Mediators. For initial certification as a mediator of

family and dissolution of marriage issues, an applicant must have

at least a bachelor’s degree and 100 points, which shallmust

include, at a minimum:

(1) [No Change]

(2) 25 points for education/, or 20 points for education and 5

points for mediation experience, or 20 points for education and 5

points for a graduate certificate in conflict resolution; and

(3) 3040 points for mentorship.

Additional points above the minimum requirements may be

awarded for completion of additional education/, mediation

experience, mentorship, andor miscellaneous activities.

(de) Circuit Court Mediators. For initial certification as a mediator

of circuit court matters, other than family matters, an applicant

must have at least a bachelor’s degree and 100 points, which

shallmust include, at a minimum:

(1) 30 points for successful completion of a Florida Supreme

Court certified circuit court mediation training program;

(2) 25 points for education/, or 20 points for education and 5

points for mediation experience, or 20 points for education and 5

points for a graduate certificate in conflict resolution; and

(3) 3040 points for mentorship.

Additional points above the minimum requirements may be

awarded for completion of additional education/, mediation

experience, mentorship, andor miscellaneous activities.

(ef) Dependency Mediators. For initial certification as a mediator

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of dependency matters, as defined in Florida Rule of Juvenile

Procedure 8.290, an applicant must have at least a bachelor’s

degree and 100 points, which shallmust include, at a minimum:

(1) [No Change]

(2) 25 points for education/, or 20 points for education and 5

points for mediation experience, or 20 points for education and 5

points for a graduate certificate in conflict resolution; and

(3) 40 points for mentorship.

Additional points above the minimum requirements may be

awarded for completion of additional education/, mediation

experience, mentorship, andor miscellaneous activities.

(fg) Appellate Mediators. For initial certification as a mediator of

appellate matters, an applicant must be a Florida Supreme Court

certified circuit court, family, or dependency mediator and

successfully complete a Florida Supreme Court certified appellate

mediation training program.

(gh) Senior Judges Serving as Mediators. A senior judge may

serve as a mediator in a court-ordered mediation in a circuit in

which the senior judge is presiding over criminal cases or in a

circuit in which the senior judge is not presiding as a judge, or in

both, only if certified by the Florida Supreme Court as a mediator

for that type of mediation.

(hi) Referral for Discipline. If theother professional certification or

licensure necessaryof a mediator for any person to be certified as a

family or circuit mediator is suspended or revoked, or if the

mediator holding such certification or licensure is in any other

manner disciplined, such matter shallmust be referred to the

Mediator Qualifications Board for appropriate action pursuant to

rule 10.8010.

(ij) Special Conditions. Mediators who are certified prior to August

1, 2006, shallare not be subject to the point requirements for any

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category of certification in relation to which continuing certification

is maintained.

RULE 10.105. POINT SYSTEM CATEGORIES

(a) Education. Points shallwill be awarded in accordance with the

following schedule (points are only awarded for the highest level of

education completed and honorary degrees are not included):

High School Diploma/ or GED 10 points

Associate’s Degree 15 points

Bachelor’s Degree 20 points

Master’s Degree 25 points

Master’s Degree in Conflict Resolution 30 points

Doctorate (e.g., Ph.D., J.D., M.D., Ed.D., LL.M) 30 points

Ph.D. from Accredited Conflict Resolution Program 40 points

An additional five points will be awarded for completion of a

graduate level conflict resolution certificate program in an

institution which has been accredited by Middle States Association

of Colleges and Schools, the New England Association of Schools

and Colleges, the North Central Association of Colleges and

Schools, the Northwest Association of Schools and Colleges, the

Southern Association of Colleges and Schools, the Western

Association of Schools and Colleges, the American Bar Association,

or an entity of equal status.

(b) Mediation Experience. One point per year will be awarded to a

Florida Supreme Court certified mediator for each year that

mediator has mediated at least 15 cases of any type over a

consecutive five-year period. In the alternative, a maximum of five

points will be awarded to any mediator, regardless of Florida

Supreme Court certification, who has conducted a minimum of 100

mediations over a consecutive five-year period.

(c) Mentorship. TenFifteen points will be awarded for each

supervised mediation completed of the type for which certification is

sought and fiveten points will be awarded for each mediation

session of the type for which certification is sought which is

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observed. Observations or supervised mediations must be

completed with a minimum of two different mentors.

(d) Miscellaneous Points.

(1) Five points shallwill be awarded to applicants currently

licensed or certified in any United States jurisdiction in psychology,

accounting, social work, mental health, health care, education, or

the practice of law or mediation. Such award shallmust not exceed

a total of five points regardless of the number of licenses or

certifications obtained.

(2) Five points shallwill be awarded for possessing

conversational ability in a foreign language as demonstrated by

certification by the American Council on the Teaching of Foreign

Languages (ACTFL) Oral Proficiency Test, qualification as a court

interpreter, accreditation by the American Translators Association,

or approval as a sign language interpreter by the Registry of

Interpreters for the Deaf. Such award shallmust not exceed a total

of five points regardless of the number of languages in which the

applicant is proficient.

(3) Five points shallwill be awarded for the successful

completion of a mediation training program (minimum 30 hours in

length) which is certified or approved by a jurisdiction other than

Florida and which may not be the required Florida Supreme Court

certified mediation training program. Such award shallmust not

exceed five points regardless of the number of training programs

completed.

(4) Five points shallwill be awarded for certification as a

mediator by the Florida Supreme Court. Such award shallwill not

exceed five points per category regardless of the number of training

programs completed or certifications obtained.

Committee Notes

2023 Revision. The following table is intended to illustrate the

point system established in this rule. Any discrepancy between the

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table and the written certification requirements shallwill be resolved

in favor of the latter.

Points Needed Per Area

Minimum Points Required in Each Area

of Certification

30 certified county mediation training; 10

County 100 education (minimum HS Diploma/GED); 60

mentorship

30 certified family mediation training; 25

education/mediation experience (minimum

Family 100

Bachelor’s Degree); 30 mentorship [and requires

15 additional points]

30 certified dependency mediation training; 25

education/mediation experience (minimum

Dependency 100

Bachelor’s Degree); 40 mentorship [and requires 5

additional points]

30 certified circuit mediation training, 25

education/mediation experience (minimum

Circuit 100 Bachelor’s Degree); 30 mentorship; [and requires

15 additional points]

Education/Mediation Experience (points awarded for highest level of

education received)

HS Diploma/GED 10 Master’s Degree in Conflict 30

points Resolution

Associate’s Degree 15 Doctorate (e.g., JD, MD, PhD, 30

points EdD, LLM)

Bachelor’s Degree 20 Ph.D. from accredited CR 40

points Program

Master’s Degree 25 Graduate Certificate CR +5

points Program

Florida certified mediator: 1 point per year in which mediated at least 15

mediations (any type) OR any mediator: – 5 points for minimum of 100

mediations (any type) over a 5 year period

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Mentorship - must work with at least 2 different certified mediators and

must be completed for the type of certification sought

Observation 5 points each session

Supervised Mediation 10 points each complete mediation

Miscellaneous Points

Licensed to practice law, psychology, accounting, social

work, mental health, health care, education or mediation 5 points (total)

in any US jurisdiction

Florida Certified Mediator 5 points (total)

Foreign Language Conversational Ability as demonstrated

by certification by ACTFL Oral Proficiency Test; qualified as

a court interpreter; or accredited by the American

5 points (total)

Translators Association; Sign Language Interpreter as

demonstrated by approval by the Registry of Interpreters

for the Deaf

Completion of additional mediation training program

(minimum 30 hours in length) certified/approved by a state 5 points (total)

or court other than Florida

100 Points Required in Each Area of Mediator Certification Area

Except for Appellate and Certified Family, Dependency, or Circuit

Court Mediators Seeking County Certification

County Minimum Points:

(1) 30 certified county mediation training; and

(2) 10 education for HS Diploma or GED; and

(3) 60 mentorship. [Note: Mentorship points cannot

be reduced as a product of having more than the

10 points in the educational or educational and

mediation experience component.]

= 100 points

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Family Minimum Points:

(1) 30 certified family mediation training; and

(2) 25 educational, or 20 educational and 5 for

mediation experience, or 20 educational and 5

for a graduate certificate in conflict resolution;

and

(3) 40 mentorship; and

(4) 5 additional points via mentorship, higher

education, mediation experience, or options

under miscellaneous points.

= 100 points

Dependency Minimum Points:

(1) 30 certified dependency mediation training;

and

(2) 25 educational, or 20 educational and 5 for

mediation experience, or 20 educational and 5

for a graduate certificate in conflict resolution;

and

(3) 40 mentorship; and

(4) 5 additional points via mentorship, higher

education, mediation experience, or options

under miscellaneous points.

= 100 points

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Circuit Minimum Points:

Court (1) 30 certified circuit court mediation training;

and

(2) 25 educational, or 20 educational and 5 for

mediation experience, or 20 educational and 5

for a graduate certificate in conflict resolution;

and

(3) 40 mentorship; and

(4) 5 additional points via mentorship, higher

education, mediation experience, or options

under miscellaneous points.

= 100 points

Appellate An applicant must be a Florida Supreme Court

certified circuit court, family, or dependency

mediator and successfully complete a certified

appellate mediation training program.

Educational & Mediation Experience Points for Family,

Circuit Court, and Dependency

[Note: County Education Minimum Listed on Previous Page]

40 points Ph.D. from accredited conflict resolution program

30 points Doctorate (e.g., JD, MD, PhD, EdD, LLM)

30 points Master’s degree in conflict resolution

25 points Master’s degree

25 points Graduate certificate conflict resolution program and

a bachelor’s degree

25 points Mediated 15 cases (of any type) a year as a Florida

Supreme Court certified mediator for a consecutive

five-year period and a bachelor’s degree

25 points Minimum of 100 mediations (of any type) conducted

as mediator over a consecutive five-year period and

a bachelor’s degree

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+ 5 points An additional five points will be awarded for

completion of a graduate level conflict resolution

certificate program

Florida Supreme Court certified mediator: one point per year in

which mediated at least 15 mediations over a five-year period (any

type); or any mediator: five points for minimum of 100 mediations

over a five-year period (any type)

Mentorship Options: You Choose How to Reach Required Points

[Note: You must work with at least two different certified

mediators.]

10 points each session Observation

15 points each complete Supervised mediation

mediation

Miscellaneous Options: Helping You Reach 100 Points

5 points Licensed to practice law, psychology, accounting,

(total) social work, mental health, health care, education,

or mediation in any U.S. jurisdiction

5 points Florida Supreme Court certified mediator (currently

(total) certified)

5 points Foreign language conversational ability as

(total) demonstrated by certification by ACTFL Oral

Proficiency Test; qualified as a court interpreter; or

accredited by the American Translators Association;

sign language interpreter as demonstrated by

approval by the Registry of Interpreters for the Deaf

5 points Completion of additional mediation training program

(total) (minimum 30 hours in length) certified or approved

by a state or court other than Florida

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RULE 10.110. GOOD MORAL CHARACTER

(a) General Requirement. No person shallmay be certified by this

Ccourt as a mediator unless such person first produces satisfactory

evidence of good moral character as required by rule 10.100these

rules.

(b) Purpose. The primary purpose of the requirement of good moral

character is to ensure protection of the participants in mediation

and the public, as well as to safeguard the justice system. A

mediator shallmust have, as a prerequisite to certification and as a

requirement for continuing certification, the good moral character

sufficient to meet all of the Mediator Standards of Professional

Conduct set out in these rules 10.200-10.690.

(c) Certification. The following shall apply in relation to

determining the good moral character required for initial and

continuing mediator certification:

(1) [No Change]

(2) An applicant for initial certification who has been

convicted of a felony shallis not be eligible for certification

until such person has received a restoration of civil rights.

(3) An applicant for initial certification who is serving

a sentence of felony probation shallis not be eligible for

certification until termination of the period of probation.

(4) In assessing whether the applicant’s or mediator’s

conduct demonstrates a present lack of good moral

character the following factors shall beare relevant:

(A) – (K) [No Change]

(d) Decertification. A certified mediator shall beis subject to

decertification for any knowing and willful incorrect material

information contained in any mediator application. There is a

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presumption of knowing and willful violation if the application is

completed, signed, and notarizedsworn.

RULE 10.120. NOTICE OF CHANGE OF ADDRESS OR NAME.

(a) Address Change. Whenever any certified mediator changes

residence or mailing address, that person must within 30 days

thereafter notify the centerDispute Resolution Center of such

change.

(b) Name Change. Whenever any certified mediator changes legal

name, that person must within 30 days thereafter notify the

centerDispute Resolution Center of such change.

RULE 10.130. NOTIFICATION OF CONVICTION

(a) Definition. “Conviction” means a determination of guilt which is

the result of a trial, or entry of a plea of guilty or no contest,

regardless of whether adjudication of guilt or imposition of sentence

was suspended, deferred, or withheld, and applies in relation to any

of the following:

(1) aAny felony, any misdemeanor of the first degree, or any

misdemeanor of the second degree involving dishonesty or

false statement;.

(2) aAny conviction of a similar offense described in

subdivision (1) that includes a conviction by a federal, military,

or tribal tribunal, including courts-martial conducted by the

Armed Forces of the United States;.

(3) aAny conviction of a similar offense described in

subdivision (1) that includes a conviction or entry of a plea of

guilty or no contest resulting in a sanction in any jurisdiction

of the United States or any foreign jurisdiction. A sanction

includes, but is not limited to, a fine, incarceration in a state

prison, federal prison, private correctional facility, or local

detention facility; or.

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(4) aAny conviction of a similar offense described in

subdivision (1) of a municipal or county ordinance in this or

any other state.

(b) Report of Conviction. A conviction shallmust be reported in

writing to the centerDispute Resolution Center within 30 days of

such conviction. A report of conviction shallmust include a copy of

the order or orders pursuant to which the conviction was entered.

(c) Suspension. Upon receipt of a report of felony conviction, the

centerDispute Resolution Center shallmust immediately suspend all

certifications and refer the matter to the qQualifications complaint

Inquiry cCommittee.

(d) Referral. Upon receipt of a report of misdemeanor conviction,

the centerDispute Resolution Center shallmust refer the matter to

the qQualifications complaintInquiry cCommittee for appropriate

action. If the centerDispute Resolution Center becomes aware of a

conviction prior to the required notification, it shallmust refer the

matter to the qQualifications complaintInquiry cCommittee for

appropriate action.

RULE 10.140. OPERATING PROCEDURES AND AUTHORITY

The Committee on Alternative Dispute Resolution Rules and Policy

shall havehas authority to promulgate, adopt, and amend operating

procedures regarding:

(a) – (d) [No Change]

RULE 10.200. SCOPE AND PURPOSE

These Rrules provide ethical standards of conduct for certified and

court‐appointed mediators. Court-appointed mediators are

mediators selected by the parties or appointed by the court as the

mediator in court-ordered mediations. These Rrules are intended to

both guide mediators in the performance of their services and instill

public confidence in the mediation process. The public’s use,

understanding, and satisfaction with mediation can only be

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achieved if mediators embrace the highest ethical principles.

Whether the parties involved in a mediation choose to resolve their

dispute is secondary in importance to whether the mediator

conducts the mediation in accordance with these ethical standards.

Committee Notes

2000 Revision. [No Change]

RULE 10.310. SELF-DETERMINATION

(a) Decision-making. Decisions made during a mediation are to be

made by the parties. A mediator shall not make substantive

decisions for any party. A mediator is responsible for assisting the

parties in reaching informed and voluntary decisions while

protecting their right of self-determination. A mediator must not

make substantive decisions for any party.

(b) Coercion Prohibited. A mediator shallmust not coerce or

improperlyunduly influence any party to make a decision or

unwillingly participate in a mediation.

(c) Misrepresentation Prohibited. A mediator shallmust not

intentionally or knowingly misrepresent any material fact or

circumstance in the course ofwhile conducting a mediation.

(d) Postponement or Cancellation. If, for any reason, a party is

unable to freely exercise self-determination, a mediator shallmust

cancel or postpone a mediation.

Committee Notes

2000 Revision. [No Change]

RULE 10.320. NONPARTICIPATING PERSONS

A mediator shallmust promote awareness by the parties of the

interests of persons affected by actual or potential agreements who

are not represented at mediation.

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Committee Notes

2000 Revision. [No Change]

RULE 10.330. IMPARTIALITY

(a) Generally. A mediator shallmust maintain impartiality

throughout the mediation process. Impartiality means freedom from

favoritism or bias in word, action, or appearance, and includes a

commitment to assist all parties, as opposed to any one individual.

A mediator must maintain impartiality even while raising questions

regarding the reality, fairness, equity, durability, and feasibility of

proposed options for settlement.

(b) Withdrawal for Partiality. As soon as practicable, a mediator

must make reasonable inquiry into the identities of the parties and

into other circumstances that could compromise the mediator’s

impartiality. A mediator shallmust withdraw from mediation if the

mediator is no longer impartial.

(c) Gifts and Solicitation. A mediator shallmust neither give nor

accept a gift, favor, loan, or other item of value in any mediation

process. During the mediation process, a mediator shallmust not

solicit or otherwise attempt to procure future professional services.

Committee Notes

2024 Revision. The last sentence of the first paragraph of the 2000

Revision Committee Note is of such importance that it was elevated

from inclusion in a Committee Note to inclusion in Rule 10.330(b).

2000 Revision. [No Change]

RULE 10.340. CONFLICTS OF INTEREST

(a) Generally. A mediator shallmust not mediate a matter that

presents a clear or undisclosed conflict of interest. A conflict of

interest arises when any relationship between the mediator and the

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mediation participants or the subject matter of the dispute

compromises or appears to compromise the mediator’s impartiality.

(b) Burden of Disclosure. The burden of disclosure of any potential

conflict of interest rests on the mediator. Disclosure shallmust be

made as soon as practicalpracticable after the mediator becomes

aware of the interest or relationship giving rise to the potential

conflict of interest and in a manner that allows the parties to

exercise their right of self-determination freely as to both selection

of the mediator and participation in the mediation process.

(c) Effect of Disclosure. After appropriate disclosure, the mediator

may serve if all parties agree. However, if a conflict of interest

clearly impairs a mediator’s impartiality, the mediator shallmust

withdraw regardless of theany express agreement of the parties.

(d) Conflict of Interest. A clear conflict of interest is limited to the

following circumstances:

(1) the mediator (or the mediator’s spouse or domestic partner)

is related by blood, adoption, or marriage to a person within

the third degree of relationship to one of the mediation

participants or a participant’s spouse or domestic partner;

(2) the mediator previously provided services (other than

mediation services) for, or represented one or more of the

mediation participants in, the current case or dispute at issue

in the mediation; or

(3) the mediator is currently providing services (other than

mediation services) or representing one or more of the

mediation participants.

(e) Conflict During Mediation.

(1) A mediator shallmust not create a conflict of interest

during the mediation. During a mediation, a mediator shall not

provide any services that are not directly related to the mediation

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process.

(2) When a mediator decides to make a report permitted or

required under applicable law, the mediator must withdraw from

the case, if making the report creates a conflict of interest subject to

the provisions of subdivision (c) or (d).

(3) A mediator must not provide any services that are not

directly related to the mediation process. A mediator is accordingly

prohibited from providing services such as accounting, psychiatric,

legal or paralegal services, psychological or social counseling,

therapy, or business consultations of any sort during the mediation

process.

(4) A mediator may notarize, if properly commissioned, or

witness signatures on a mediation agreement and documents

associated with the agreement, provided the mediator does not

charge a separate fee for notarizing or witnessing such signatures.

(e)(f) Senior and Retired Judges. If a mediator who is a senior

judge or retired judge not eligible for assignment to temporary

judicial duty has presided over a case involving any party, attorney,

or law firm in the mediation, the mediator shallmust disclose such

fact prior to mediation. A mediator shallmust not serve as a

mediator in any case in a circuit in which the mediator is currently

presiding over civil cases as a senior judge. Absent express consent

of the parties, a mediator shallmust not serve as a senior judge over

any case involving any party, attorney, or law firm that is utilizing

or has utilized the judge as a mediator within the previous three

years. A senior judge who provides mediation services may preside

over criminal cases in circuits in which the judge provides

mediation services. A senior judge who provides mediation services

may also preside over civil and criminal cases in circuits in which

the judge does not provide mediation services.

(g) Social Networking. Mediators may create connections with

mediation participants or their counsel on a social networking site

(e.g., “friends” on Facebook, “followers” on X, formerly known as

Twitter). However, mediators who do so must recognize that such

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designations may create the appearance of a conflict and may only

mediate disputes involving such mediation participants or their

counsel consistent with subdivisions (a) and (b) above.

Committee Notes

2024 Revision. Subdivision (e)(2) addresses those situations where

a mediator’s decision to report creates a clear conflict of interest. A

mediator’s obligation to file a mediator report with the court at the

conclusion of a mediation and pursuant to applicable rules of

procedure does not create a conflict of interest and does not require

withdrawal from the case.

Under subdivision (e)(3), a mediator is not prohibited from

mediating the dispute and assisting pro se litigants with filling out

forms approved by the Florida Supreme Court after a mediated

settlement agreement. However, mediators should not use the

mediation to solicit future business and should be aware of other

professions’ standards of conduct which may be violated (e.g.,

unauthorized or unlicensed practice of law, Florida Bar Rules of

Professional Conduct). Further, the mediator must ensure the

parties make all decisions regarding the completion of such forms,

including, by way of example, the designation of petitioner and

respondent in a family case.

2000 Revision. [No Change]

RULE 10.350. DEMEANOR

A mediator shallmust be patient, dignified, and courteous during

the mediation process.

RULE 10.360. CONFIDENTIALITY

(a) Scope. Except where disclosure is required or permitted by law

or is agreed to by all parties and counsel, Aa mediator shallmust

maintain confidentiality of all information revealed during

mediation except where disclosure is required or permitted by law

or is agreed to by all parties.

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(b) Caucus. Information obtained during caucus may not be

revealed by the mediator to any other mediation participant without

the consent of the disclosing party. However, a mediator may

establish as a policy for the mediation that information disclosed

during caucus may be disclosed to the other mediation participants

unless a party expressly tells the mediator to keep the information

confidential.

(c) Record Keeping. A mediator shallmust maintain confidentiality

in the storage and disposal of records and shallmust not disclose

any identifying information when materials are used for research,

training, or statistical compilations. A mediator may, but is not

obligated to, shred notes or other records immediately after the

mediation.

(d) Staff Confidentiality. A mediator who uses the services of

others to perform clerical tasks must take reasonable steps to

ensure confidentiality is maintained. The mediator, in furtherance

of the mediation, must advise office staff that the mediation records

are confidential pursuant to this rule and Florida law.

(e) Reporting Outcome. When a mediator is obligated to report the

outcome of the mediation, a mediator may report to the court

agreement, no agreement, partial agreement, or adjournment for

further mediation without comment or recommendation. The

mediator must not include comments reflecting the mediator’s

opinions regarding whether a party or counsel mediated in good

faith. No other descriptors or modifiers may be used in the

mediator report unless the parties have consented to them in

writing.

(f) Presence. Nothing in this rule prohibits the mediator from

identifying who was or was not present at the mediation and

whether present physically or by communication technology.

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Committee Notes

2024 Revision. The second sentence of subdivision (b) of the rule

adopts the process outlined in Mediator Ethics Advisory Committee

Opinion 2003-005, which emphasizes that a mediator utilizing this

process must obtain consent from the parties and counsel. If a

party objects to this process, the mediator must obtain express

consent to disclose information revealed in caucus by that party but

could implement the process for the consenting party.

Subdivision (d) of this rule is intended to adopt the position

reflected in Mediator Ethics Advisory Committee Opinion 2016-003.

Subdivision (e) of this rule is intended to address situations where

mediation referral language obligates a mediator to report if a party

fails to mediate in good faith. These referrals necessarily require the

mediator to form subjective opinions without the benefit of all of the

information the parties and counsel rely on at mediation. Because

probing the parties’ strategies to determine whether a particular

mediation-related position, comment, or offer made during a

mediation constitutes a lack of good faith, creates a slippery slope,

and is inconsistent with the role of a mediator, this rule intends to

avoid these circumstances unless the parties consent in writing.

Subdivision (f) of this rule intends to clarify that a mediator may

report the existence of a full or partial agreement to the court in a

manner consistent with applicable rules of procedure. The

Committee acknowledges that “impasse” is a word frequently used

for no agreement.

RULE 10.370. ADVICE, OPINIONS, OR INFORMATION

(a) [No Change]

(b) Independent Legal Advice. When a mediator believes a party

does not understand or appreciate how an agreement may adversely

affect legal rights or obligations, the mediator shallmust advise the

party of the right to seek independent legal counsel.

- 26 -

(c) Personal or Professional Opinion. A mediator shallmust not

offer a personal or professional opinion intended to coerce the

parties, unduly influence the parties, decide the dispute, or direct a

resolution of any issue. Consistent with standards of impartiality

and preserving party self-determination however, a mediator may

point out possible outcomes of the case and discuss the merits of a

claim or defense. A mediator shallmust not offer a personal or

professional opinion as to how the court in which the case has been

filed will resolve the dispute.

Committee Notes

2000 Revision. (previously Committee Note to 1992 adoption of

former rule 10.090). [No Change]

2000 Revision. [No Change]

RULE 10.380. FEES AND EXPENSES

(a) Generally. A mediator holds a position of trust. Fees charged for

mediation services shallmust be reasonable and consistent with

the nature of the case.

(b) Guiding Principles in Determining Fees. A mediator

shallmust be guided by the following general principles in

determining fees:

(1) Any charges for mediation services based on time

shallmust not exceed actual time spent or allocated.

(2) Charges for costs shallmay only be for thosecosts actually

incurred.

(3) All fees and costs shallmust be appropriately divided

between the parties.

(4) When time or expenses involve two or more mediations on

the same day or trip, the time and expense charges shallmust be

prorated appropriately.

- 27 -

(c) Written Explanation of Fees. A mediator shallmust give the

parties or their counsel a written explanation of any potential

fees and costs prior to mediation. The explanation shallmust

include:

(1) – (4) [No Change]

(d) Maintenance of Records. A mediator shallmust maintain

records necessary to support charges for services and expenses

and upon request shallmust make an accounting to the parties,

their counsel, or the court.

(e) Remuneration for Referrals. No commissions, rebates, or

similar remuneration shallmay be given or received by a

mediator for a mediation referral.

(f) Contingency Fees Prohibited. A mediator shallmust not

charge a contingent fee or base a fee on the outcome of the

process.

RULE 10.410. BALANCED PROCESS

A mediator shallmust conduct mediation sessions in an even-

handed, balanced manner. A mediator shallmust promote mutual

respect among the mediation participants throughout the mediation

process and encourage the participants to conduct themselves in a

collaborative, non-coercive, and non-adversarial manner.

Committee Notes

2000 Revision. [No Change]

RULE 10.420. CONDUCT OF MEDIATION

(a) Orientation Session. Upon commencement of theeach

mediation session, a mediator shallmust:

- 28 -

(1) describe the mediation process and;

(2) describe the role of the mediator,; and shall

(3) inform the mediation participants that:

(1A) mediation is a consensual process;

(2B) the mediator is an impartial facilitator without

authority to impose a resolution or adjudicate any aspect of the

dispute; and

(3C) communications made during the process are

confidential, except where disclosure is required or permitted by

law.

(b) Adjournment or Termination. A mediator shallmust:

(1) – (2) [No Change]

(3) adjourn or terminate the mediation if the mediator believes

the case is unsuitable for mediation or any party is unable or

unwilling to participate meaningfully in the process;

(4) adjourn or terminate the mediation if any party is unable or

unwilling to participate meaningfully in the process;

(5) terminate a mediation entailing fraud, duress, the absence of

bargaining ability, or unconscionability; and

(5)(6) terminate any mediation if the physical safety of any

person is endangered by the continuation of mediation.; or

(7) terminate any mediation upon determination that the

mediator is required to make a mandatory report under chapter

39 or 415, Florida Statutes, if making the report creates a

- 29 -

conflict of interest.

(c) Closure. The mediator shallmust cause the terms of any

agreement reached to be memorialized appropriately and

discuss with the parties and counsel the process for

formalization and implementation of the agreement.

Committee Notes

2024 Revision. Mediators are precluded from making group

opening statements with parties from multiple cases.

2000 Revision. [No Change]

RULE 10.430. SCHEDULING MEDIATION

A mediator shallmust schedule a mediation in a manner that

provides adequate time for the parties to fully exercise their right of

self-determination. A mediator shallmust perform mediation

services in a timely fashion, avoiding delays whenever possible.

RULE 10.500. MEDIATOR’S RESPONSIBILITY TO THE COURTS

A mediator is accountable to the referring court with ultimate

authority over the case. Any interaction discharging this

responsibility, however, shallmust be conducted in a manner

consistent with these ethical rules.

Committee Notes

2000 Revision. [No Change]

RULE 10.510. INFORMATION TO THE COURT

A mediator shallmust be candid, accurate, and fully responsive to

the court concerning the mediator’s qualifications, availability, and

other administrative matters.

- 30 -

RULE 10.520. COMPLIANCE WITH AUTHORITY

A mediator shallmust comply with all statutes, court rules, local

court orders, and administrative orders relevant to the practice of

mediation.

RULE 10.530. IMPROPER INFLUENCE

A mediator shallmust refrain from any activity that has the

appearance of improperly influencing a court to secure an

appointment to a case.

Committee Notes

2000 Revision. [No Change]

RULE 10.600. MEDIATOR’S RESPONSIBILITY TO THE

MEDIATION PROFESSION

A mediator shallmust preserve the quality of the profession. A

mediator is responsible for maintaining professional competence

and forthright business practices, fostering good relationships,

assisting new mediators, and generally supporting the advancement

of mediation.

Committee Notes

2000 Revision. [No Change]

RULE 10.610. MARKETING PRACTICES

(a) False or Misleading Marketing Practices. A mediator

shallmust not engage in any marketing practice, including

advertising, which contains false or misleading information. A

mediator shallmust ensure that any marketing of the mediator’s

qualifications, services to be rendered, or the mediation process is

accurate and honest.

(b) – (d) [No Change]

- 31 -

(e) Prohibited Claims or Promises. A mediator shallmust not

make claims of achieving specific outcomes or promises implying

favoritism for the purpose of obtaining business.

(f) Additional Prohibited Marketing Practices. A mediator

shallmust not engage in any marketing practice that diminishes the

importance of a party’s right to self-determination or the

impartiality of the mediator, or that demeans the dignity of the

mediation process or the judicial system.

Commentary

2010 Revision. [No Change]

RULE 10.620. INTEGRITY AND IMPARTIALITY

A mediator shallmay not accept any engagement, provide any

service, or perform any act that would compromise the mediator’s

integrity or impartiality.

RULE 10.630. PROFESSIONAL COMPETENCE

A mediator shallmust acquire and maintain professional

competence in mediation. A mediator shall by regularly

participateing in educational and professional activities promoting

professional growth.

RULE 10.640. SKILL AND EXPERIENCE

A mediator shallmust decline an appointment, withdraw, or request

appropriate assistance when the facts and circumstances of the

case are beyond the mediator’s skill or experience.

RULE 10.660. RELATIONSHIPS WITHOF OTHER MEDIATORS

A mediator shallmust respect the professional relationships of

another mediator.

- 32 -

RULE 10.670. RELATIONSHIPS WITH OTHER PROFESSIONALS

A mediator shallmust respect the role of other professional

disciplines in the mediation process and shallmust promote

cooperation between mediators and other professionals.

RULE 10.680. PROHIBITED AGREEMENTS

With the exception of an agreement conferring benefits upon

retirement, a mediator shallmust not restrict or limit another

mediator’s practice following termination of a professional

relationship.

Committee Notes

2000 Revision. [No Change]

- 33 -

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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