MEAC Opinions 2008

MEAC Opinions 2007

MEAC Opinions 2006

MEAC Opinions 2005

MEAC Opinions 2004

2005 MEDIATOR ETHICS ADVISORY COMMITTEE OPINIONS

MEAC 2005-001


The HOA Program billing procedures do not present any per se ethical concerns related to fees, expenses, or impartiality for a Florida Supreme Court certified mediator who participates in this program so long as the fees and their allocation between the parties are disclosed in advance of the mediation to the parties or their counsel, and the parties are given the option of agreeing to that arrangement or negotiating a different one.


MEAC 2005-002


While your position as a judicial assistant does not automatically prohibit you from mediating, you are still obligated not to mediate a matter that "presents a clear or undisclosed conflict of interest," Rule 10.340(a).  You are required to make this determination on a case by case basis.

MEAC 2005-003


The Committee lacks the jurisdiction to determine whether a mediation should be treated as a negotiation for purposes of sections 447.605(2) and 286.011(3), Florida Statutes.  However, if a mediation falls within the scope of the Mediation Confidentiality and Privilege Act, then all mediation participants are obligated to adhere to its provisions.

MEAC 2005-004


It is inappropriate for a mediator to represent either one party or both parties in any dissolution proceeding or in any matter arising out of the subject mediation.  There is no ethical obligation under the Florida Rules for Certified and Court-Appointed Mediators for a mediator to report allegations of ethical violations by another mediator.

MEAC 2005-005


1. While a mediation unit is not a mediator per se, many of the communications made to the mediation unit would be included under the umbrella of confidentiality.  Each co-mediator is to be treated as a mediator subject to the Florida Mediation Confidentiality and Privilege Act.  The Committee declines to answer the question whether the party breached confidentiality as being beyond its jurisdiction.

2 and 3. Assuming the party has affirmatively requested that the complaint be handled at the trial court level, the mediator may reveal mediation communications to the mediation office charged with investigating the conduct.

4. Revelations made by a mediator in furtherance of a grievance investigation should be kept in a separate file independent from the court file.

5. The relationship described in the question would not necessarily be a "clear conflict" requiring the withdrawal of the mediator regardless of the express agreement of the parties.  However, if the mediator is no longer impartial or the parties request that the mediator no longer continue, the mediator is required to withdraw from the mediation.

6. A different mediator within the mediation unit may mediate if all parties, being aware of the relationship, are agreeable to proceeding.

7, 8 and 9. The Committee declines to answer these questions because they are outside the Committee's jurisdiction.

MEAC 2005-006


A mediator (who is also an attorney) engaged in an ongoing legal relationship with a third party administrator must not serve as a mediator in cases involving the third party administrator because it is a clear, nonwaivable conflict of interest.  A mediator (who is also an attorney) may serve in cases involving a re-insurer, even if some of the mediator's legal clients utilize the same re-insurer, if the relationship is disclosed and the parties waive any potential conflict because such a relationship is not a clear conflict of interest.

MEAC 2005-007


A and C.  If a party is requesting that the mediation be rescheduled for "good cause," the mediation should be rescheduled to a mutually convenient time consistent with rule 10.330(a).  If the party is objecting to attending mediation, the mediator cannot compel attendance, however, the party should be advised that pursuant to Florida Family Law Rule of Procedure 12.741(b)(2), the party may be subject to sanctions by the court for "nonappearance."

B.  A report to the court regarding nonappearance should not include any reason for the nonappearance.

D.  A date for mediation may be set without the advance agreement of all parties, but then any party would be permitted to request that it be rescheduled.

E.  A mediator may report nonappearance at a mediation if the mediator gave the non-appearing party due notice of the date and time for the mediation session and good cause was not shown for rescheduling.