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| Opinion |
Summary |
Current Rule Cites |
| 2007-002 |
A. It would not be appropriate to routinely attach the mediated settlement agreement to a circuit civil case in light of the requirements of rule 1.730(b), Florida Rules of Civil Procedure.
B. If one party objects, the agreement can not be attached.
C. The Committee declines to answer this question since it asks for an opinion on the behavior of someone other than a certified or court-appointed mediator. |
Rules 1.730(b) and 10.520,
Section 44.405(4)(a), Florida Statutes
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Conducting a second mediation with only three of the original four parties to a prior mediation agreement (the fourth party is not aware of the second mediation), which was based on the occurrence of a contingent event, prior to the deadline for the contingency to have occurred, would be inconsistent with your ethical obligations.
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Rules 10.310, 10.330(a), and 10.620, Florida Rules for Certified and Court-Appointed Mediators
Committee Note to Rule 10.330
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Following a judicial requirement limiting the participants in the mediation would not require the mediator to commit an ethical violation and therefore may be complied with without conflicting with the opinion rendered in MEAC 2006-007.
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Rules 10.310(a), 10.500 and 10.520
MEAC Opinions 2001-007, 2003-007, 2003-008, 2004-006, 2006-002 and 2006-007
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A. It is ethically inappropriate for a mediator to make the determination as to whether a party has complied with a judge’s discovery order.
B. It would be inappropriate for a mediator to cancel mediation merely because of the assertion that one party has not complied with a discovery order.
C. Since it is not appropriate for the mediator to make the determination to cancel the mediation, the mediator would not be in a position of filing a report with the judge stating that the mediator did so.
D. This question is beyond the jurisdiction of the MEAC; however, care should be taken to ensure that the unit does not provide any service that would cause mediators to compromise their integrity or impartiality.
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Rules 10.230, 10.310, 10.330(a), 10.360, 10.370(c), 10.420(b), 10.500, 10.620, and 10.900,
Committee Note to rule 10.310,
Rule 1.730(a), Rule 8.290(o)(2),
Rule 12.740(f)(3),
Section 44.401- Section 44.406, Florida Statutes
MEAC Opinions 2000-003 and 2006-003
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A. It is not permissible for a mediator to dictate, over the parties’ objections, who participates in a mediation caucus.
B. If someone participates in a mediation, either a full session or just a caucus, that person is a mediation participant subject to the confidentiality requirements under Florida’s Mediation Confidentiality and Privilege Act. Under the statute, there is no violation of confidentiality associated with disclosing mediation communications to another mediation participant.
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Rules 10.310(a) and 10.420, Sections 44.403(2) and 44.405(1), Florida Statutes
MEAC Opinion 2006-007
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It is not appropriate for a mediator to insert the original claim amount (from the complaint) in a paragraph of a settlement form, awarding that amount as a judgment to the Plaintiff in the event of the default of the Defendant, if that has not been agreed to by the parties.
Consistent with applicable law, rules of procedure and local administrative rules, it is appropriate for a mediator, upon agreement of the parties, to delete pre-printed default language on a small claims stipulation form.
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Rules 10.230(a), 10.300, 10.310(a), 10.420(c), 10.500 and 10.520, Florida Rules for Certified and Court-Appointed Mediators
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updated 03/09/2010 |
