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It is inappropriate for a certified mediator to use the State Seal or Seal of the Supreme Court of Florida on any advertisements without express permission. |
Rule 10.520
Section 15.03, Florida Statutes
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It is unethical to advertise that a mediator will provide a “dispassionate evaluation.” |
Rule 10.610
Section 44.1011, Florida Statutes
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A mediator is not prohibited from soliciting letters of reference from persons for whom s/he has served as a mediator. Evaluations are not categorically excluded from use in advertising so long as the advertising is truthful. |
Rules 10.330(c), 10.360(c), 10.610, 10.690(c) |
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Using the mediation process to incur future business as a realtor is a violation of the rules. |
Rule10.330(c) |
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Producing a TV show with real parties in a live mediation in not a violation so long as the parties are informed of their right to confidentiality and waive it. |
Rule 10.360
Section 44.405(2), Florida Statute
Note: Changes to the statute in 2004 and rules in 2006 may impact this opinion.
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Sending follow-up letters with information on a mediator’s services sent after a mediator withdraws or report is filed with the court, does not violate the rules so long as it is done consistent with impartiality and advertising rule requirements. |
Rule 10.330(c)
Note: Changes to the rules in 2000 may impact this opinion.
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Letterhead which includes 2 names and the statement “Circuit Court Mediation” along with other designations where only one of the named persons are certified constitutes misleading advertising, and therefore, is violative of the rules. |
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Rule 10.610
Note: Changes to the rules in 2000 may impact this opinion. |
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Letters to attorneys and other parties advertising one’s services are permissible. Logo embossed items of minimal value are permissible forms of advertising. Items of greater value may create the appearance of mediator bias, and therefore, should be avoided. Lunches and golf outings paid for by the mediator for the purpose of developing goodwill and attracting future clients are inappropriate activities.
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Rules 10.330(c), 10.340, 10.610 and 10.620
Committee Notes to rule 10.340
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The generic designation “certified mediator” is inherently misleading and therefore in violation of rule 10.610 |
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Rule 10.610
MEAC 99-013
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Sponsoring a sports tournament which is open to the public or holding a silent auction to raise monies for charitable causes for the purpose of advertising (incorporating the name of a mediation firm) are permissible if consistent with rules 10.330, 10.340, 10.610 and 10.620. |
Rules 10.330, 10.340, 10.610 and 10.620
MEAC 2001-006
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In regard to a mediator advertisement with the reference to being a “judge”, the use of the term “judge” alone may confuse or mislead the public in violation of rule 10.610. The mediator may need to include clarifying information in order for such practice to be permissible. |
Rule 10.610
MEAC 2002-003 and 99-013
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Providing a party, upon request, with information which could have been provided at an earlier point in the mediation process does not constitute solicitation of services and thus is not a violation of these rules. |
Rules 10.330(a) and (c), 10.340, 10.610
MEAC 97-007
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If the quotation provided is the complete advertisement and the telephone number relates to a person (or company) that does provide mediation services[“Got Conflict…Mediate, Divorce through mediation contested or uncontested. Call 555-5555”], it does not violate the mediator’s ethical standard for advertising. However, if the advertising mediator is not competent to mediate the cases advertised, or if there were additional text which was false or misleading, the advertisement would violate rule 10.610. |
Rules 10.100(e), 10.370, 10.610, and 10.640; 1.720(f), 8.290(e) & 12.741(b)(6)
MEAC 99-013, 2000-004 and 2000-009
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A mediator who was a former judge may include the referenced information in marketing material if the information is accurate and honest and is not false or misleading. |
Rule 10.610
MEAC Opinions 1999-013, 2002-003, and 2004-001
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A mediator is not prohibited from including accurate information in marketing material so long as it is not misleading; therefore, the mediator may use the information and/or logo, if it is clear that the rating relates to the attorney-mediator’s law practice (as opposed to his/her mediation practice).
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Rule 10.610
MEAC Opinions 2004-001 and 2007-006
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A. A mediator may ethically engage in unsolicited direct marketing to the parties and/or attorneys in dissolution of marriage cases using information posted online by court clerks, but may do so only in strict compliance with Rule 10.610 governing mediator advertising. Any mediator engaging in this practice must also bear in mind the extent to which mishandling such communication may damage the reputation of individual mediators and community acceptance of the profession at large.
B. It is not ethical for a mediator to send out a notice of mediation directly to the parties in the manner suggested in the inquiry.
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Rules 10.310(b), 10.330(a), 10.520, 10.610, 10.620, and 10.650
Rules 12.740 and 12.741
Rule 4-7.4(b)(2), Rules Regulating The Florida Bar
MEAC Opinions 2001-006 and 2003-004
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It is not permissible to serve as a general magistrate and mediator for the same case. |
Rules 10.310; 10.330; 10.340; 10.360; 10.900, Florida Rules for Certified and Court-Appointed Mediators MEAC Opinion 96-002 |
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Although the rules do not explicitly prohibit mediators from holding themselves out as “experts” in advertisements and web pages, communications regarding mediator qualifications or services must be both accurate and honest and may not contain false or misleading information. |
Rule 10.610
MEAC Opinions 2004-001 and 2002-003 |
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A certified mediator may provide a curriculum vita, solicited or unsolicited, to a trial judge for the purpose of receiving case referrals from that judge. |
Rules 10.510, 10.530, 10.610
Rule 1.720(f)(2), Florida Rules of Civil Procedure
Rule 8.290(e)(1) , Florida Rules of Juvenile Procedure
Rule 12.741(6)(B), Florida Family Law Rules of Procedure |
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Answer to Question 1: Advertisements of mediation services must be accurate and honest and may not contain false or misleading information. If the mediator in this instance is, in fact, a former circuit judge, then a representation of same in an advertisement for mediation services is neither inaccurate nor dishonest.
Answer to Question 2: An advertisement offering evaluation services as mediation is misleading and a violation of the mediator advertising rule.
Answer to Question 3: To avoid engaging in a marketing practice which contains misleading information, the mediator should make clear that the listing is for types of cases handled rather than certification areas.
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Rules 10.610 and 10.660,
MEAC Opinions 2004-001 and 1995-007
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A certified mediator may designate mediation clients (parties) or attorneys who participate in mediations with the mediator as “friends” on a social networking site, and permit clients or attorneys to add the mediator as their “friend”. A mediator should keep in mind that doing so may limit the clients with whom the mediator may work in the future. |
Rules 10.330 (a)-(b), 10.340(a)-(c), 10.340 Committee Note |
