95-001 |
If a mediator is not paid for services, the mediator may seek payment in any lawful manner. |
Rules 10.380, 1.720(g) |
95-004 |
Records retention/disposal requirements are not ethical in nature and therefore not within the jurisdiction of the MEAC. |
Rules 10.360(c) and 10.380(d) |
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A mediator who agrees to perform services for a specified fee via court-order, must do so unless relieved of that duty by the court. |
Rules 10.200, 10.340(d), 10.380, 10.520, 10.620; 1.720(g)
Note: Changes to the rules in 2000 may impact this opinion. |
96-001 |
Case referral service involvement. |
Rules 10.330, 10.340(b), 10.380(e), 10.610, 10.620 |
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Notification of the terms of payment must be furnished to the parties within a reasonable period of time prior to the mediation. |
Rules 10.310(b)-(c), 10.380(c). |
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Retention of mediation records is not an ethical issue. |
MEAC 95-004 |
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There are no licensure requirements for mediators, the court may not appoint a corporation as a mediator, but may appoint an individual who is associated with a group. |
Rules 10.100(b), 10.200, 10.520, 10.620; 1.720(f) |
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Pre-suit mediation agreements which name a specific individual as the exclusive mediator are suspect. |
Rules10.330, 10.340(a) - (b), 10.620
MEAC 96-001
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The rules imply that any gift to court personnel is prohibited. |
Rules 10.330(c), 10.530;
Section 112.148(6)(d), Florida Statutes
Note: Changes to the rules in 2000 may impact this opinion. |
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From the information provided, the panel finds nothing which would preclude a mediator from participating as mediator with the mediation services corporation referenced. |
Rules 10.340, 10.380, 10.620
Note: Changes to the rules in 2000 may impact this opinion. |
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A mediator may not compensate another for merely making a referral, but may compensate a colleague or mediation service for actual work performed by that colleague or mediation service. |
Rules 10.380(c)(3), 10.380(e) |
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Ethically, a certified mediator is required to preserve the quality of the profession, to maintain forthright business practices, Rule 10.600, not provide any service that would compromise the mediator’s integrity or impartiality, Rule 10.620, and should support the advancement of mediation by participating in public education, Rule 10.690(c). Consistent with those provisions, it is permissive for the charges for CME to be set by competitive market forces. |
Rules 10.600, 10.620, 10.690(c), 10.900(a)
AOSC06-9 (Administrative Order Governing Certification of Mediators)
Note: Changes to the
Administrative Order in 2006 may impact this opinion. |
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The HOA Program billing procedures do not present any per se ethical concerns related to fees, expenses, or impartiality for a Florida Supreme Court certified mediator who participates in this program so long as the fees and their allocation between the parties are disclosed in advance of the mediation to the parties or their counsel, and the parties are given the option of agreeing to that arrangement or negotiating a different one. |
Rules 10.330, 10.380, and 10.520; Section 720.311, Florida Statutes
61B-82.004, Florida Administrative Code. |
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A certified mediator is subject to a good moral character requirement and is prohibited from performing any act which would compromise the mediator’s integrity; however, there is no general prohibition regarding a mediator exhibiting behavior “unbecoming” a mediator. In addition, the actions of an attorney or a party in a mediation, cannot be judged as if they were those of a mediator. |
Rules 10.110, 10.310(d), 10.420(b) and 10.620 |
