To access the 2011 MEAC Opinions please scroll down this page.
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MEDIATOR ETHICS ADVISORY COMMITTEE
Rule 10.900(a) of the Florida Rules for Certified and Court-Appointed Mediators identifies the scope and purpose of the Mediator Ethics Advisory Committee [MEAC] as follows:
"The Mediator Ethics Advisory Committee shall provide written advisory opinions to mediators subject to these rules in response to ethical questions arising from the Standards of Professional Conduct. Such opinions shall be consistent with supreme court decisions on mediator discipline."
Since 1994 MEAC has issued more than 100 ethics advisory opinions. The broad categories of the opinions are in the following areas:
- Advertising/Solicitation
- Advice, Opinions or Information
- Business Practices
- Confidentiality
- Conflicts of Interest
- Procedures
In April, 2000 the the Mediator Qualifications Advisory Panel [MQAP] was renamed the Mediator Ethics Advisory Committee [MEAC]. All opinions previously referred to as MQAP have been re-designated as MEAC for consistency.
Above are the MEAC Opinions for the last 7 years.
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2011 MEDIATOR ETHICS ADVISORY COMMITTEE OPINIONS
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| It is neither a requirement nor a violation of the Florida Rules of Civil Procedure or the Rules for Certified and Court-Appointed Mediators for a certified mediator to sign a written settlement agreement in the capacity of mediator.
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| A mediator can complete and submit the Department of Financial Services Disposition of Property Insurance Mediation Conference form referencing a "first offer" if this information is not a mediation communication protected from disclosure by Florida Statute Chapter 44, sections 401 - 405, Mediation Confidentiality and Privilege Act.
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| A certified mediator may report an attorney's misconduct,
solely for the internal use of the body conducting the investigation of
the conduct, without violating ethical duties.
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| The Committee remains confident in the continuing correctness of MEAC 2010-004 which states in part, "a mediator is prohibited from taking on the dual role of mediator and notary."
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| The MEAC remains confident in its previous decisions, most recently 2010-014. Upon the request or demand of a party at the mediation, the mediator must declare an impasse. Mediators must act in accordance with the Florida rules for Certified and Court-Appointed Mediators and must conduct the mediation so that the principles of self-determination are protected. However, a mediator should not declare an impasse under this scenario before the opening statement is delivered pursuant to Rule 10.420[a] and should attempt to explore options or alternatives with the party requesting same.
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Although the inquirer is a certified mediator, the question of who determines who is a company representative for the purposes of mediation participation is not a question of mediator ethics. The rendering of legal guidance is not within the jurisdiction of the MEAC.
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1. How to handle a situation when a mediation disagreement takes on an unprofessional tone is primarily a matter of mediator technique and practice and further calls into consideration the mediator's duty to maintain a balanced process and to consider options for termination and adjournment referenced in the Rules for Certified and Court-Appointed Mediators.
2. What a mediator is to do when mediation participants are acting unprofessionally and preventing a resolution of issues is a matter of mediator training and skill, and is generally dealt with by Rules 10.410 [Balanced Process] and 10.420[b][3] [Conduct of Mediation].
3. and 4. While it may be beneficial for the employing company of the professional to know that the professional is behaving in a way the mediator considers "unprofessional," a disclosure of unprofessional conduct to the company that the offending professional is employed by is prohibited by the Mediation Confidentiality and Privilege Act [F.S. 44.405].
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1. As stated in SC09-1384, "an accurate representation of the mediator's judicial experience in references to background and experience in bios and resumes would not be inappropriate." [Emphasis added.] The MEAC does not have the power or authority to determine the answers to the questions posed with regard to constitutional rights.
2. The MEAC does not have the power or authority to determine constitutional rights and therefore declines to answer this question [reqgrding a former judge's First Amendment protection in marketing].
3. It is false and misleading and therefore prohibited for a certified mediator to use letterhead that is entitled "Judge ___ [ret]" or "former judge".
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| It is inappropriate to use a business name ["The Litigation Terminators"] or phrase to advertise mediation services that portrays the mediation process or the role of a mediator in a manner that is untrue, misleading or demeans the dignity of the mediation process or the judicial system.
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| It is misleading and inappropriate for a mediator who has completed a Florida Supreme Court mediation training but is not yet certified to advertise him/herself as Florida Supreme Court County Court "Trained" Mediator.
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| The questions presented [i.e. conflicts of interest] relate to the Code of Ethics for Public Officers and Employees, Chapter 112, Florida Statutes and not the Florida Rules for Certified and Court-appointed Mediators.
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| Certified mediators do not have the authority to unilaterally ban the use of cellular communications during the mediation process.
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| A certified mediator does not have the authority to direct or suggest to an attorney, acting as a party representative in a small claims case, to make a phone call over the objection of the physically present named party.
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FLORIDA MEDIATOR
Florida's 1st mediator weblog dedicated to Certified Mediators!
Created by Perry S. Itkin, Esquire, Florida Mediator focuses on issues of interest to Florida's Certified Mediators. It addresses significant issues, noteworthy court opinions, legislation, court rules [proposed and approved], and ethical opinions which impact the practice of mediation in Florida. You are invited to take a look by clicking Florida Mediator .
An Award Winner!
The National Institute for Advanced Conflict Resolution, in its 2006 Mediation Blog Roundup, has selected Florida Mediator as one of the top 5 mediation blogs in the United States. Here’s what they had to say:
“Although somewhat regional in its scope, our top five list would not have been complete without including this veteran blog. Florida Mediator always contains items of interest to mediators, even those who are not from Florida. Because of its longevity, this blog also has an extensive archive collection. In short, this blog is a good read for a mediator in any geographic area, but a must read for any Florida mediator.”
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