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| Opinion |
Summary |
Current Rule
Cites |
| 2006-008 |
A. A mediator may report to the court that a party or counsel has failed to attend a mediation if this conclusion is based on observation by the mediator and is not dependent on a “mediation communication” as defined in 44.403, Florida Statutes.
B. The mediator may report the fact of nonpayment of mediation fees to the court. |
Rule 10.520, Section 44.403, Florida Statutes
MEAC Opinions: 95-001 and 2006-003
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A mediator may report a party’s failure to appear at mediation so long as it is based on the physical fact of a failure to appear and not on a mediation communication or assertion. |
Rules 10.360 and 10.510, Section 44.403(1), Florida Statutes
Merriam-Webster Online
MEAC 2005-007
Areizaga v. Board of County Commissioners of Hillsborough County, 935 So. 2d 640 ( Fla. 2 nd DCA 2006)
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While the parties have the ability to make decisions regarding the mediation process, mediators have an obligation to adhere to the law and Florida Rules for Certified and Court-Appointed Mediators. If decisions made by the parties in the mediation process raise ethical issues for the mediator, the mediator must decide how, and if, the process will continue. |
Rules 10.210, 10.400, 10.420(b)(3), 10.520;
Sections 401-406, Mediation Confidentiality & Privilege Act, Florida Statute;
AOSC09-54 In Re Final Report and Recommendations on Residential Mortgage Foreclosure Cases
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A mediation party does not have the right to restrict another party from access to mediation communications as they belong equally to both parties. A mediator could have given both parties a copy of the unsigned document, even over the objection of one of the parties. |
Rules 10.310(a), 10.360(b), 10.370(b)
Rule 12.40(f), Florida Family Law Rules of Procedure
Sections 403-406, Florida Statutes
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