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With consent of counsel and parties and stipulation of confidentiality, contact with parties after mediation in an additional effort to resolve case permissible. |
Rules 10.200, 10.220, 10.360(a); Sections 44.405(2) and 90.408, Florida Statutes
Note: Changes to the statute in 2004 and rules in 2006 may impact this opinion.
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When mediation is court-ordered, the parties are required to appear at mediation. If they leave prior to the mediator completing an opening statement, the mediator may report non-appearance. After completion of the opening statement, if the parties choose not to stay at mediation, the mediator may only report impasse to the court. No rule exists which requires a party to negotiate in “good faith.”
Note: Read MEAC Opinion 2006-003 as it has rescinded portions of MEAC 1995-009 |
Rules 10.420(a) - (b); 1.720(b) and (d), 1.730(a), 1.750(e); 8.290(l) and (o)(2);
12.740(d) and (f)
Note: Changes to the rules in 2006 may impact this opinion.
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A mediator is not prohibited from having contact with either party before or during mediation. |
Rules 10.330(a), 1.720(e), 12.741(b)(5),
Opinion applicable for county, family and circuit. May not be applicable to dependency.
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A mediator should not mediate if an armed deputy is necessary. |
Rules 10.360(a), 10.420(b); Section 44.405(2), Florida Statutes|
Note: Changes to the statute in 2004 and rules in 2006 may impact this opinion.
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When a meeting take place without the presence of the mediator, it is not a mediation. |
Rules 10.420(b);1.720(c), 1.720(d)
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In a Bar Grievance Mediation conducted by a certified mediator, the resolution of a representative’s authority is necessary prior to proceeding with a mediation. Mediation may continue if a valid durable power of attorney is in place, if not, the mediation should be canceled. |
Rules 10.420(b); 1.720(b);
MEAC 95-002; Rules Regulating the Florida Bar 3-8.1(i)
Note: Changes to the rules in 2000 may impact this opinion.
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A mediator has discretion regarding providing his/her notes upon request of a party. |
Rule 10.330(a) |
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With agreement of the parties, a non-lawyer may assist at a court-ordered mediation and participate in the negotiations. |
Rules - none cited |
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A mediator has an ethical obligation to allow a minimum of 2 observations of their mediations per year, even if certified in more than one area. With regards to the mentorship requirements, the term “observe” does not refer to co-mediation. |
Rules 10.520, 10.690(b); AOSC06-9 (Administrative Order Governing Certification of Mediators)
Note: Changes to the Administrative Order in 2006 may impact this opinion.
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Pursuant to the rules, the reason for cancellation or postponement should not be explained in the mediator’s report. |
Rules 10.310(d), 10.360(a); 1.730(a); 8.290(o)(2), 12.740(f)(3)
Note: Changes to the rules in 2006 may impact this opinion.
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The rules adopted in April 2000 do not impose any additional requirements upon the mediator with regard to self-determination, since the addition of the word “protect” to the rule 10.310(a) does not constitute a substantive change. |
Rules 10.310, 10.060(a) - (b) |
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A mediator should not continue to mediate when a party objects to that mediator. However, if all parties agree and it is feasible, such mediation may continue, under certain circumstances, as a co-mediation, a bifurcated proceeding, or in some other acceptable format. |
Rules 10.300, 10.330(a), 10.340, 10.620; 1.720(b);
MEAC 95-009, 99-008
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