New rules for court-appointed and certified mediators
The Supreme Court, acting September 12 on the recommendations of its Committee on Alternative Dispute Resolution Rules & Policy, has approved a series of revisions to rules that govern court-appointed and certified mediators.
“Having considered the Committee’s petition, the comments received, and the Committee’s response, we hereby amend the Florida Rules for Certified and Court-Appointed Mediators as proposed by the Committee in light of its revised proposal,” the ruling states.
The proposed amendments were publicly noticed in the Bar News, and two comments were received, the ruling notes. They take effect January 1, 2025.
Some of the more significant changes, according to the ruling, include revisions to Rule 10.100 (Certification Requirements), splitting subdivision (a) into two subdivisions, and re-lettering the rest accordingly.
“Language is added to relettered subdivision (c) (County Court Mediators) to explain the process for certified circuit court, family, or dependency mediators to become certified county court mediators,” the ruling notes. “Relettered subdivisions (d) (Family Mediators), (e) (Circuit Court Mediators), and (f) (Dependency Mediators) are amended to explain the process for applicants to obtain the required 25 points in education, and relettered subdivisions (d) and (e) are further amended to raise the number of points that must be obtained through mentorship — increasing from 30 to 40.”
Finally, relettered subdivision (i) (Referral for Discipline) “is amended to provide categories of discipline relating to other certifications.”
Revisions to Rule 10.105 (Point System Categories), include amendments to subdivision (b) (Mediation Experience), “to clarify the parameters for points that must be obtained through experience,” and subdivision (c) (Mentorship) is amended to, “provide that applicants must be mentored by at least two different certified mediators,” the ruling states.
“In addition to the number of points that must be obtained through observation is increased from 5 to 10, and the number of points that must be obtained through supervised mediation is increased from 10 to 15,” the ruling states.
A revision to subdivision (a) (General Requirement) of Rule 10.110 (Good Moral Character) replaces specific language referring to other rules in the ruleset with a general reference, and the word “notarized,” in subdivision (d)(Decertification) is changed to “sworn.”
Rule 10.310 (Self-Determination) is amended to replace the word “improperly” with “unduly” in subdivision(b) (Coercion Prohibited).
“Thus, the amended subdivision will prohibit a mediator from ‘unduly’ influencing a party to make a decision or unwillingly participate in mediation,” the ruling states.
A Florida Bar member and past chair of the Alternative Dispute Resolution Section argued in a comment that the change would cause confusion. But justices agreed with the committee’s determination that the author’s “concerns are misplaced.”
A revision to Rule 10.330 (Impartiality), subdivision (a)(Generally), provides “that impartiality is required even for common mediation techniques, and a revision to subdivision (b) (Withdrawal for Partiality) requires “inquiries on circumstances that could compromise a mediator’s impartiality.”
Amendments to Rule 10.340 (Conflicts of Interest) add a provision to subdivision (b) (Burden of Disclosure) that “requires potential conflicts of interest to be disclosed in a way that lets parties exercise their self-determination rights.”
A new subdivision (d)(Conflict of Interest) is added to explain circumstances that constitute clear conflicts of interest, and language clarifying restrictions is added to relettered subdivision (e) (Conflict During Mediation). A new subdivision (g) (Social Networking) is added “to explain how social media and social networks can impact conflict of interest determinations. Finally, a new committee note is added to explain changes to rule 10.340,” the ruling states.
Next, the order notes that Rule 10.360 (Confidentiality) is amended “to describe in greater detail the guidelines of confidentiality in mediation.”
Language is added to Rule 10.380 (Fees and Expenses) stating that “a written explanation of fees and costs must include ‘potential’ fees and costs.”
The order adds a committee note to Rule 10.420 (Conduct of Mediation), “to clarify how a mediator’s single opening statement must be delivered, and subdivision (b) (Adjournment or Termination) is amended to clarify how a mediator is required to adjourn or terminate mediation.”
“Notably, in the proposal we published for comment, subdivision (b)(7) included the phrase ‘clear conflict of interest,’ but the Committee revised its proposal to delete the word ‘clear’ in consideration of the comments received by the Court,” the order states. “The amendment that we adopt omits the word ‘clear’ from the language of subdivision (b)(7).”
Finally, the title to Rule 10.660 (Relationships with Other Mediators) is changed to “Relationships of Other Mediators,” the ruling notes.
The ruling, In Re: Amendments to the Florida Rules for Certified and Court-Appointed Mediators, Case No. SC2023-1537, is here.
