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Alternative Dispute Resolution (ADR) has been utilized by the Florida Court System to resolve disputes for over 25 years, starting with the creation of the first citizen dispute settlement (CDS) center in Dade County in 1975. Since that time, the uses of mediation and arbitration have grown as the Legislature and judiciary have created one of the most comprehensive court-connected mediation programs in the country.
Read More about the Alternative Dispute Resolution Center...
NEW RELEASE
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For information on the Residential Foreclosure Mediation Program please see the Florida Supreme Court's website. |
Proposed amendments to rules governing mediation
The Supreme Court Committee on Alternative Dispute Resolution Rules and Policy submits for comment proposed amendments to the following Florida Rules of Court governing mediation: Fla. R. Civ. P. 1.720(b). Sanctions for Failure to Appear. The committee invites all interested persons to comment on the proposal reproduced below. Comments must be received by the committee either in an electronic format or in hard copy not later than September 14. The committee will review all comments and consider further revision of the above-described proposal at its next regularly scheduled meeting. Upon final approval, the committee will make a recommendation to the Supreme Court. Submit comments electronically in a Word format by e-mailing same to drcmail@flcourts.org. Comments submitted by regular mail should be sent to Judge William D. Palmer, Chair of the ADR Rules and Policy Committee, c/o Leonard Helfand, Staff Attorney, Florida Dispute Resolution Center, 500 South Duval St., Tallahassee 32399-1900.
Florida Rules of Civil Procedure
Rule 1.720. Mediation Procedures
(a) Interim or Emergency Relief. [NO CHANGE]
(b) Sanctions for Failure to Appear. Appearance at Mediation. If a party fails to appear at a duly noticed mediation conference without good cause, the court upon motion shall impose sanctions, including an award of mediator and attorneys’ fees and other costs, against the party failing to appear. If a party to mediation is a public entity required to conduct its business pursuant to chapter 286, Florida Statutes, that party shall be deemed to appear at a mediation conference by the physical presence of a representative with full authority to negotiate on behalf of the entity and to recommend settlement to the appropriate decision-making body of the entity. Otherwise, unless Unless otherwise permitted by court order or stipulated by the parties in writing or changed by order of the court, a party is deemed to appear at a mediation conference if the following persons are physically present:
(1) The party or it’s a party representative having full authority to settle without further consultation.
(2) The party’s counsel of record, if any.
(3) A representative of the insurance carrier for any insured party who is not such carrier’s outside counsel and who has full authority to settle in an amount up to the amount of the plaintiff’s last demand or policy limits, whichever is less, without further consultation.
(c) Party Representative Having Full Authority to Settle. A “party representative having full authority to settle” shall mean the final decision maker with respect to all issues presented by the case who has the legal capacity to execute a binding settlement agreement on behalf of the party. Nothing herein shall be deemed to require any party or party representative who appears at a mediation conference in compliance with this rule to enter into a settlement agreement.
(d) Appearance by Public Entity. If a party to mediation is a public entity required to operate in compliance with chapter 286, Florida Statutes, that party shall be deemed to appear at a mediation conference by the physical presence of a representative with full authority to negotiate on behalf of the entity and to recommend settlement to the appropriate decision-making body of the entity.
(e) Certification of Authority. Unless otherwise stipulated by the parties, each party, 10 days prior to appearing at a mediation conference, shall file with the court and serve opposing counsel written notice identifying the person or persons who will be attending the mediation conference as a party representative or as an insurance carrier representative, and confirming that those persons have the authority required by subdivision (b).
(f) Sanctions for Failure to Appear. If a party fails to appear at a duly noticed mediation conference without good cause, the court, upon motion, shall impose sanctions, including award of mediation fees, attorneys’ fees, and costs, against the party failing to appear. The failure to file a confirmation of authority required under subdivision (e) above, or failure of the persons actually identified in the confirmation to appear at the mediation conference, shall create a rebuttable presumption of a failure to appear.
(c)(g) Adjournments. [NO CHANGE]
(d)(h) Counsel. [NO CHANGE]
(e)(i) Communication with Parties or Counsel. The mediator may meet and consult privately with any party or parties or their counsel.
(f)(j) Appointment of the Mediator. [NO CHANGE]
(g)(k) Compensation of the Mediator. [NO CHANGE]
Committee Notes
20XX Amendment. Mediated settlement conferences pursuant to this rule are meant to be conducted when the participants actually engaged in the settlement negotiations have full authority to settle the case. New language in subdivision (c) now defines “a party representative with full authority to settle” in two parts. First, the party representative must be the final decision maker with respect to all issues presented by the case in question. Second, the party representative must have the legal capacity to execute a binding agreement on behalf of the settling party. These are objective standards. Whether or not these standards have been met can be determined without reference to any confidential mediation communications. A decision by a party representative not to settle does not, in and of itself, signify the absence of full authority to settle. A party may delegate full authority to settle to more than one person, each of whom can serve as the final decision maker. A party may also designate multiple persons to serve together as the final decision maker, all of whom must appear at mediation.
New subdivision (e) provides a process for parties to identify party representative and representatives of insurance carriers who will be attending the mediation conference on behalf of parties and insurance carriers and to confirm their respective settlement authority by means of a direct representation to the court. If necessary, any verification of this representation would be upon motion by a party or inquiry by the court without involvement of the mediator and would not require disclosure of confidential mediation communications. Nothing in this rule shall be deemed to impose any duty or obligation on the mediator selected by the parties or appointed by the court to ensure compliance.
The concept of self determination in mediation also contemplates the parties’ free choice in structuring and organizing their mediation sessions, including those who are to participate. Accordingly, any and all elements of this rule are subject to revision or qualification with the mutual consent of the parties.
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DRC Conference August 2010
Cancellation Notice
The Florida Dispute Resolution Center (DRC) of the Florida Supreme Court reluctantly announces it has canceled the Annual Conference for Mediators and Arbitrators scheduled for August 2010.
If you are a certified mediator who needs continuing mediator education (CME) credits, the DRC website, http://www.flcourts.org/gen_public/adr/CME/cmeactivities.shtml, offers a list of organizations offering educational programs for CME credits. In addition, audio recordings from our 2009 conference are available from Convention Recordings, http://www.conventionrecordings.com/. As a reminder, listening to a tape/CD with another person and discussing the materials qualifies as a “live” CME activity.
An announcement regarding the 2011 Conference will be made soon. |
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SC09-1384
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Supreme Court issues Opinion on Appellate Mediation
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