| 95-003 |
If a party wishes to make a phone call to aid decision- making or agreement, the mediator should remind the party of the confidentiality privilege. |
Rules 10.360(a), 10.520; 1.720(b); Sections 44.405(2), 90.507, Florida Statutes
Note: Changes to the statute in 2004 and rules in 2006 may impact this opinion.
|
| |
A mediator may not disclose information to a party’s attorney who does not attend mediation. |
Rules 10.360(a), 10.370(b); Section 44.405(2), Florida StatutesNote: Changes to the statute in 2004 and rules in 2006 may impact this opinion.
|
96-005 |
A mediator should not voluntarily report nor testify about threats made during mediation. |
Rule 10.360(a); Section 44.405(2), Florida Statute
Note: Changes to the statute in 2004 and rules in 2006 may impact this opinion.
|
97-006 |
A psychologist mediator has no duty to warn an individual of a threat which becomes known during a mediation. |
Rule 10.650;
Sections 44.405(2), 455.2415, 490.0147, 491.0147, Florida Statutes
Note: Changes to rules in 2000 and the statute in 2004 may impact this opinion.
|
| |
Information obtained from parties prior to the commencement of mediation which would be confidential if obtained during mediation, is confidential. |
Rules 10.230(e), 10.360(a); Statute 44.405(2); MEAC 96-005
Note: Changes to the statute in 2004 and rules in 2006 may impact this opinion.
|
| |
A mediator may not report to the court information regarding authority if learned in caucus. A mediator may report to the court that one or more parties did not appear at mediation if learned outside of caucus. A mediator is not prohibited from contact with a party over objection of counsel, but should consider the impact of such decision.
Note: Read MEAC Opinion 2006-003 as it has rescinded portions of MEAC 1999-002 |
Rules 10.310, 10.330, 10.360(a) -(b), 10.370, 10.420(b); 1.720(b) and (e); Section 44.405(2), Florida StatutesNote: Changes to the statute in 2004 and rules in 2000 & 2006 may impact this opinion.
|
| |
There is no statutory or rule requirement that a mediator’s notes taken during a family mediation be kept in the file. Any notes which relate to confidential information cannot be part of a public file. |
Rules 2.051(c)(7) (Rules of Judicial Administration); 10.360; 12.740(f)(3); Section 44.405(2), Florida Statute Ch. 119, Florida StatutesNote: Changes to the statute in 2004 may impact this opinion.
|
| |
(a) At the conclusion of a family mediation, upon request from an attorney, a mediator may, under certain conditions disclose to the party’s attorney(s) the factual circumstances surrounding a mediation agreement; however, under no circumstances would it be appropriate for a mediator to offer his/her personal opinion about the case.
(b) A mediator should not voluntarily testify in court regarding information learned in mediation. The mediator may testify if all parties waive their privilege or the court orders the mediator to testify. |
Rules 10.330, 10.360(a), 10.360(b), 10.520 Section 44.405(2), Florida Statutes
MEAC 96-005
Note: Changes to the statute in 2004 and rules in 2006 may impact this opinion.
|
| |
A mediator is not ethically prohibited from signing an agreement to mediate which states that for mediations conducted under the program, the mediator agrees not to voluntarily testify “unless one of the participants makes a genuine threat of physical harm, reports criminal activity... reports fraud or abuse of postal property or suspected child or elder abuse.” If an issue listed in the statement is revealed during a mediation, the mediator may report the activity without committing an ethical violation. |
Rules 10.200; 1.700 - 1.750; 8.290; 12.740, 12.741; Section 44.405(2), Florida Statutes;
MEAC 96-005, 99-012Note: Changes to the statute in 2004 may impact this opinion.
|
| |
Rule 10.420(a)(3) requires a mediator to inform mediation participants that mediation communications are confidential, except where disclosure is required by law. There is no requirement to go into detail as to any specific statutory provisions. |
Rules 10.420(a)(3) and 10.900(a); Sections 39.201, 44.405(2) and 415.1034, Florida Statutes
Note: Changes to the statute in 2004 and rules in 2006 may impact this opinion.
|
| |
A mediator should not voluntary agree to testify in a bar grievance proceeding in order to preserve the statutory and court rule confidentiality provisions, unless ordered by a court to do so. |
Rule 10.360(a); Section 44.405(2), Florida Statutes; MEAC 96-005, 99-012
Note: Changes to the statute in 2004 and rules in 2006 may impact this opinion.
|
| |
A non-attorney Florida Supreme Court certified mediator should not disclose communications made during a Florida Bar Grievance Mediation session even if such testimony may be relevant in a subsequent disciplinary proceeding. |
Rule 3-8.1(i), Rules Regulating the Florida Bar; Rules 10.360(a), 10.650; Section 44.405(2), Florida Statutes
MEAC 96-005, 99-012, 2001-002
Note: Changes to the statute in 2004 and rules in 2006 may impact this opinion.
|
