Florida Dispute Resolution Center
THE RESOLUTION REPORT ONLINE
May 2005 - Volume 20, Number 2
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Mediators Qualifications Board (MQB) Update
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At the time of this printing, 80 cases have been filed with the Mediator Qualifications Board since the Board was created in 1992. Since the last update, four cases reached closure and one new cases have been filed. The information from the cases that were resolved is provided for educational purposes. |
- This grievance involved a circuit mediation conducted by a certified circuit mediator in which the complainant alleged that the mediator violated rule 10.350[demeanor] by making biased comments against the complainant, and rule 10.370(c) [professional advice or opinion] for allowing the mediation to go beyond the point when a settlement would have been possible.
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The complaint committee found the complaint to be facially sufficient and requested a response from the mediator with regards to rules 10.330(a) and (b) [impartiality], 10.350, 10.370(c), and 10.410 [balanced process]. After reviewing the mediator’s response, the complaint committee conducted a further investigation itself. Based on the investigation, the complaint committee found that there was no probable cause to believe that there had been a violation of any of the standards and dismissed the complaint.
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- This grievance involved a family mediation conducted by a certified family mediator in which the complainant alleged that confidentiality of the mediation, impartiality of the mediator, and appropriate demeanor of the mediator were not maintained during the mediation. The complainant alleged that the mediator and opposing counsel knew each other personally, the mediator allowed the opposing attorney to look through the complainant’s papers, and that mediation was not conducted with “mutual respect.” The complainant cited rules 10.230, 10.300, 10.330, 10.400, and 10.410.
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The complaint committee found the complaint to be facially sufficient with regards to the allegations related to caucus confidentiality [10.360(b)] and balanced process (10.410). After reviewing the mediator’s response, the complaint committee hired an investigator. Based on the investigation, the complaint committee found that there was no probable cause to believe that there had been a violation of any of the standards and dismissed the complaint. |
- This grievance was filed by a party in a circuit mediation against a certified circuit mediator. The complaint, regarding a January 2004 mediation, was filed in October 2004 and alleged violations of the following rules: 10.420(b), relating to reasons a mediator should adjourn or terminate a mediation; 10.310(a), (b), and (d) relating to self-determination; 10.370(c), relating to professional advice. Specifically, the complainant alleged that the mediation should have been terminated due to the complainant’s physical reaction to the environment, that the complainant felt pressured by the attorneys to settle the case, and that the mediator made light of the complainant’s physical aliment which was the subject of the mediation by referencing his personal experience with the disease. The same mediator had mediated the case in 2002 and there were no complaints regarding that mediation.
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The complaint committee found the complaint to be facially sufficient with regards to 10.310(b) and (d), Self-Determination; 10.350, Demeanor; 10.370(c), Professional Advice or Opinions; and 10.420(b)(2) – (b)(5), Adjournment or Termination. The mediator indicated that ordinarily he would not have any recollection of a case that was that old; however, this case was memorable. The mediator denied having violated any of the rules cited. He clarified that upon being asked about his knowledge of/experience with hepatitis, he did inform the complainant that his only experience was when his brother contracted the illness. After reviewing the mediator’s response, the complaint committee hired an investigator. Based on the investigation, the complaint committee dismissed the complaint finding there was no probable cause that the mediator violated any of the standards of conduct. |
- This grievance was filed by a party against an uncertified mediator in a family mediation which took place nearly five years previously. The complainant alleged that the mediator violated confidentiality (10.080) and impartiality (10.070) by disclosing to the opposing attorney a statement the complainant made in caucus which “became the corner stone of opposing counsel’s case against the complainant.” The complainant also alleged that the mediator had violated rule 10.090 by stating that the judge before whom the case was pending was “known to be an unfriendly judge.”
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The complaint committee found facial sufficiency and requested a response from the mediator with regards to confidentiality and professional advice, rules 10.080(a) and (b) and 10.090(d). The mediator responded that she had no recollection of the mediation, but recounted her standard procedure for confidentiality related to disclosures made in caucus. Specifically, her general rule, to which she gets agreement of the parties, is that unless specifically requested by the party, all information revealed in caucus is not considered confidential. The mediator also included her response to the Florida Bar grievance which had been filed in this case, including a letter from opposing counsel which supported the mediator’s version and the dismissal of the Bar grievance. Because the mediator provided no specific response to the allegation related to professional advice in her initial response, the complaint committee requested one. Having received the second response, the complaint committee dismissed the complaint for lack of probable cause . |
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