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florida state courts

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    Conflicts of Interest
    Mediator Ethics Advisory Opinions

     

    Opinion Summary Current Rule Cites
    94-002
    Serving as co-counsel following service as mediator for the same case is not permitted.

    Rules 10.200, 10.330, 10.340 , 10.360, 10.620
    Note: Changes to the rules in 2006 may impact this opinion.

    Serving as counsel following service as mediator for the same case is not permitted. Rules 10.340(d), 10.420(c), and 10.620; 1.730(b) and 12.740(f)(1)
    Mediator should decline serving as a Special Master following mediating a case.

    Rules 10.360, 10.620; Section 44.405(2), Florida Statutes
    Note: Changes to the statute in 2004 and rules in 2006 may impact this opinion.

    An attorney-mediator may represent a party in a subsequent dissolution of marriage.

    Rules 10.330(c), 10.340(d), 10.620
    Note: Changes to the rules in 2000 may impact this opinion.

    Mediating for parties who have been marriage counseling clients is permissible, if both request.

    Rules 10.330, 10.340(b), 10.610, 10.620, 10.650
    Note: Changes to the rules in 2000 may impact this opinion.

    A mediator may disclose that s/he has mediated with an attorney, claims representatives, or other parties previously, but is not required to do so unless there is a “close personal relationship” or other circumstance specifically referenced in the rules.

    Rules 10.330(b), 10.340(a)-(b)

    It is permissible for an attorney mediator to subsequently serve as an attorney for an individual in an unrelated case against a party who participated in a mediation with this mediator.

    Rules 10.330(c), 10.620
    MEAC 97-002

    A mediator’s employment as a Deputy Clerk do not inherently cause ethical concerns.

    Rules 10.330(a), 10.340, 10.620

    A GAL is not expressly prohibited from becoming certified or serving as a mediator in dependency cases. Rules: 10.340(a) - (c)
    Providing training to persons who are later parties to a mediation does not preclude a mediator from mediating so long as disclosure is made and parties request the mediator to serve. Rules 10.340(a) - (c)
    The mediation rules do not prohibit a full-time mediator employed by the county from mediating privately on his/her own time.

    Rules 10.330, 10.340, 10.500, 10.620
    Chapter 112, Part III, Florida Statutes
    Note: Changes to the rules in 2000 may impact this opinion.

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