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 5 years.
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2009 MEDIATOR ETHICS ADVISORY COMMITTEE OPINIONS
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It is not permissible to serve as a general magistrate and mediator for the same case.
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| The Rules for Certified and Court-Appointed Mediators do not contain a specific prohibition against mediators serving as an arbiter and interpreter of a settlement agreement the mediator previously mediated; however, engaging in such activity raises serious ethical concerns.
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| A mediator's permissible marketing efforts depend on fact-specific circumstances such as cost and whether intended to cultivate favor with particular potential future clients.
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| 1. A mediator's impartiality is not necessarily compromised nor is a conflict created simply because a mediator agrees to serve for a reduced fee as a "preferred" provider; however, any mediator who has an ongoing relationship for the provision of mediation services needs to determine whether that relationship affects impartiality or creates a conflict of interest.
2. Agreeing to the terms described and mediating cases scheduled as a result of that agreement does not appear to compromise a mediator's integrity or impartiality nor violate the requirement that mediators respect the professional relationships of other mediators.
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Although the rules do not explicitly prohibit mediators from holding themselves out as "experts" in advertisements and web pages, communications regarding mediator qualifications or services must be both accurate and honest and may not contain false or misleading information. While permissible on its face, use of the term "expert" could run afoul of Rule 10.610.
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A certified mediator may provide a curriculum vita, solicited or unsolicited, to a trial judge for the purpose of receiving case referrals from that judge.
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Consistent with the standards of impartiality and preserving party self-determination, a mediator may provide information that the mediator is qualified by training or experience to provide. Rule 10.370(a). If the mediator's explanation of a judgment is consistent with Rule 10.370(a), then the mediator may provide that information.
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| 1. Advertisements of mediation services must be accurate and honest and may not contain false or misleading information. If the mediator in this instance is, in fact, a former circuit judge, then a representation of same in an advertisement for mediation services is neither inaccurate nor dishonest.
2. An advertisement offering evaluation services as mediation is misleading and a violation of the mediator advertising rule.
3. To avoid engaging in a marketing practice which contains misleading information, the mediator should make clear that the listing is for types of cases handled rather than certification areas.
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It is a conflict of interest for a mediator to mediate a case when one of the mediator's law partners is currently performing transactional legal services for the law firm representing the party to the mediation.
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It is not appropriate for a mediator to insert the original claim amount (from the complaint) in a paragraph of a settlement form, awarding that amount as a judgment to the Plaintiff in the event of the default of the Defendant, if that has not been agreed to by the parties.
Consistent with applicable law, rules of procedure and local administrative rules, it is appropriate for a mediator, upon agreement of the parties, to delete pre-printed default language on a small claims stipulation form.
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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 .
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“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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