Category: Alternative Dispute Resolution, 1-Hour or Less, Mediation / Arbitration Category: Alternative Dispute Resolution, 1-Hour or Less, Mediation / Arbitration (show less)

This presentation will focus on the new ethics rules effective January 1, 2025 for certified and court appointed mediators, Mediator Ethics Advisory Opinions, and Mediator Grievances, Florida Supreme Court Rules of Procedure Governing Mediation, and proposed rule changes. 

Introduction of Presenters by Moderator, Megan Moschell
Meah Tell, Esq. W.
Jay Hunston, Jr., Esq. 

Review of Resources: (ETHICS RELATED RULES)
A. SC2023-1537, IN RE: AMENDMENTS TO THE FLORIDA RULES FOR CERTIFIED AND COURT-APPOINTED MEDIATORS, effective January 1, 2025 https://www.floridalawweekly.com/forms/sc2023-1537.pdf, 
SC2024-0774 IN RE AMENDMENTS TO FLORIDA RULES OF CIVIL PROCEDURE, effective April 1, 2025, Fla. Supreme Court, ___So.3d___, 2025 WL 410058 (Mem), 50 Fla. L. Weekly S17 (February 6, 2025),
SC2024-0215, In Re: Amendments to Florida Rules of Appellate Procedure, Fla. Supreme Court declined to adopt proposed rule 9.740 eliminating the requirement for counsel to sign mediated settlement agreements 
Rule 12.740 (f) Fla. Fam. L. R. P.
Rule 10.520 Compliance with Authority 

B. The Applicability of Prior MEAC Opinions and Mediator Grievances: 
MEAC OPINIONS https://www.flcourts.gov/Resources-Services/Alternative-DisputeResolution/Mediator-Ethics-Advisory-Committee-Opinions-MEAC,

MEDIATOR DISCPLINE https://www.flcourts.gov/Resources-Services/Alternative-DisputeResolution/Discipline-Complaints/Mediator-Qualification-Disciplinary-Review-Board

Rule 10.330, Rule 10.340, Rule 10.420 (ETHICS RELATED RULES) 
Impartiality, Disclosing Conflicts of Interest, Clear Conflicts of Interest, Social Networking, Mandatory Reporting.

Rule 10.420 and Rule 10.310
Conduct of Mediation, Opening Statements, Party Self-Determination, Termination.

Rule 10.340 Providing Other Services (ETHICS RELATED RULES)
Notarization or Witnessing Documents by Mediator (changed from current MEAC opinion) Filing Reports .

Rule 10.380, Rule 10.340 and 10.360 (ETHICS RELATED RULES) 
Fees and Expenses, Accounting and Recordkeeping, Grievances, Notarizing and Witnessing documents-no separate fee. 

Rule 10.360 and 10.310 (ETHICS RELATED RULES) 
Confidentiality and Agreement by Counsel and Parties, Caucus, Prohibition on Unduly influencing a party to make a decision or unwillingly participate in mediation.

Rule 10.360 and Applicable Rules of Procedure 
Reporting Outcome and Presence, Lack of Good Faith, Recordkeeping, Signing Mediated Settlement Agreements, Reporting Outcome and Proposed New Rules on Reporting Outcomes.

Rules 10.100 and 10.105
County Court Certification/Mentorship