2004 MEDIATOR ETHICS ADVISORY COMMITTEE OPINIONS
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MEAC 2004-001
| Since the use of the term "judge" alone may confuse or mislead the public in violation of Rule 10.610, the mediator may need to include clarifying information in order for such practice to be permissible.
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MEAC 2004-002
| A certified mediator must allow "sufficient" and "appropriate" time for completing mediation, and should not double or triple book mediations.
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| The Florida Rules for Certified and Court-Appointed Mediators apply to any mediation conducted by a Florida Supreme Court certified mediator and to any court-ordered mediation, even if conducted by a non-certified mediator by agreement of the parties. The general standards (for example, integrity, advertising, and good moral character) will be applicable to certified mediators at all times while the applicability of the specific mediation standards to any given situation will depend on whether the activity is "mediation."
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MEAC 2004-004
| A. A mediator may record or memorialize the parties' agreement but, it is not the mediator's role to make substantive decisions for the parties. In recording the parties' agreement, a mediator must observe the ethical rules regarding impartiality, professional advice, and other professions' standards, such as the unauthorized practice of law.
B. While a mediator may assist the parties in completing authorized forms, a mediator should stop short of "drafting" the Petition for Dissolution, Answer, or other pleadings.
C. Drafting pleadings and providing advice on how to file them would be an inappropriate additional service not directly related to the mediation process.
D. It is inappropriate for a mediator to represent either party in a dissolution proceeding or in any matter arising out of the subject mediation.
E. The Committee declines to answer the question of whether appearing at a final hearing and eliciting "basic information" is the practice of law. However, such activity is inappropriate for a mediator.
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MEAC 2004-005
| Providing a party, upon request, with information which could have been provided at an earlier point in the mediation process does not constitute solicitation of services and thus is not a violation of these rules.
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MEAC 2004-006
| 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 [i.e. to report to the court a party's failure to mediate in good faith], the mediator should decline participation in the mediation.
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MEAC 2004-007
| MEAC Opinions are based on the facts presented in the question. Prior representations of a party to a mediation, which involved different parties, a different case or different subject matter would be subject to disclosure and may be waivable based on a case by case determination.
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MEAC 2004-008
| A case your attorney daughter is personally handling would be a nonwaivable, clear conflict, while her law firm's case with which she had no involvement, is a conflict of interest which may be waived after disclosure.
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MEAC 2004-009
| While the Committee does not have jurisdiction to apply the Workers' Compensation statute to the specific facts in your question, the Florida rules for Certified and Court-Appointed Mediators, to which all certified mediators must adhere, makes clear that if the mediator believes that the mediation entails fraud, duress, the absence of bargaining ability or unconscionability, the mediator is required to terminate the mediation.
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MEAC 2004-010
| The referenced written apology falls within the definition of a "mediation communication" and, therefore, it is confidential, since it is not included in the written agreement, has not been waived by the parties, and does not fall within any of the enumerated exceptions under section 44.405(4)(a), Florida Statutes.
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MEAC 2004-011
| A. Absent either waiver by the parties or a requirement to report imposed by law, a certified or court-appointed mediator shall not reveal information communicated during a mediation. The attorney for one of the parties in a mediation who is also a certified mediator violated at least Rule 10.360 by referring to information in that mediation which was obtained by him while he was the mediator in another mediation.
B. The Florida Bar would be the appropriate body to provide guidance in relation to attorney ethical questions. With regard to the mediator standards, Rule 10.620 states that a mediator "shall not . . .perform any act that would compromise the mediator's integrity or impartiality," both of which appear to be brought into question in the scenario described.
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MEAC 2004-012
| Ethically, a certified mediator is required to preserve the quality of the profession, to maintain forthright business practices [Rule 10.600], not provide any service that would compromise the mediator's integrity or impartiality [Rule 10.620], and should support the advancement of mediation by participating in public education [Rule 10.690(c)]. Consistent with those provisions, it is permissive for the charges for CME to be set by competitive market forces.
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