| The opinions of the Mediator Ethics Advisory Committee are rendered pursuant to the authority of rule 10.900, Florida Rules for Certified and Court-Appointed Mediators, and are based on the specific facts outlined in the question. They are based on the Committee's interpretation of the rules in effect on the date the opinions were rendered. The summary of each opinion has been prepared for quick reference. Any inconsistency between the summary and the opinion should be resolved in favor of the opinion. |
| Mediator Ethics Advisory Committee issued the following opinions since the last Resolution Report: Click on the number to go to the full Opinion |
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A mediator may record or memorialize the parties’ agreement but, it is not the mediator’s role to make substantive decisions for the parties. A mediator may assist parties in completing authorized forms, but should stop short of "drafting" Petitions for Dissolution or other pleadings. Drafting pleadings and providing advice on how to file them would be an inappropriate additional service no related to the mediation process. It is inappropriate for a mediator to represent either party in a dissolution proceeding or any matter arising out of mediation. |
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Note From the Editor:
The MEAC released 2004-004 on January 17, 2005 (just missing publication in the January 2005 edition of The Resolution Report). As soon as opinions are signed by the MEAC Chair, they are posted on our web site and available to the public. Given that the publication of the opinion and the publication of the newsletter happened to be strangely far apart, Meredith Cohen’s response to the Opinion is being published at the same time the opinion he is responding to appears in The Resolution Report. As staff to the MEAC (among other roles), I would add that discussion on opinions is most welcome. Space permitting, we will continue to publish responses to MEAC Opinions.
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When a mediator receives a court order in advance of a mediation, which contains provisions which are contrary to the mediator’s role and requires the mediator to act in a manner that is inconsistent with the mediator’s ethical rules, the mediator should decline participation in the mediation. |
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A case that a mediator's daughter is personally handling would be a nonwaivable, clear conflict, while her firm’s case with which she had no involvement, is a conflict of interest which may be waivable after disclosure. |
