REVISIONS effective August 1, 2006
Currently Certified Mediators...What You Need to K
09/13/06

Perry Itkin, Esq., a prominent mediator and Primary Trainer, will be hosting a roundtable discussion on October 18th, 5:30 PM -6:45 PM at the Broward County Bar Association (1051 SE 3rd Avenue, Ft. Lauderdale) He will address the following items in detail and will discuss their impact on currently certified mediators.

CERTIFICATION

If you maintain your certification (renew timely, complete your CMEs and pay your renewal fees), you do not have to worry about the point system. You are subject to sanctions, including up to decertification, for any knowing and willful incorrect material information contained in any mediator application or renewal. There is a presumption of knowing and willful violation if the application is completed, signed and notarized. You must notify the Center within 30 days of any legal name change, any change in the status of a professional license, or any change in residence or mailing address. A conviction shall be reported to the Center within 30 days of such conviction. See rule 10.130(a), Florida Rules for Certified and Court-Appointed Mediators, for the definition of what must be reported.

MENTORSHIP REQUIREMENTS FOR TRAINEES

Most of the mentorship requirements stay the same (certified mediators are required to allow, upon request, a minimum of two mediation observations or supervised mediations per year), but there is a new definition for a supervised mediation, i.e, the requirement is fulfilled by only if, in the opinion of the certified mediator, the trainee had a significant impact on the outcome of or made a substantial contribution to the mediation. At the conclusion of the mediation, you (the mentor) shall determine if it qualifies as a supervised mediation or only as an observation. You may charge a trainee a “reasonable” fee for your observation and supervision of the trainee while the trainee conducts a mediation. You may not charge a trainee for the trainee to observe you doing a mediation. Under the point system for certification, trainees are no longer required to do a minimum number of supervised mediations. They may fulfill the requirements completely by observations and no longer must make a “good faith effort” to obtain supervised mediations.

FEES

The fees for certification remain the same with the exception of county court. Renewal fees for county court certification are now $40. The fee is waived for mediators who volunteer in the county court mediation program. Mediators who lapse up to 180 days may renew upon completion of all CME requirements and payment of an additional late fee in an amount equal to the mediator’s renewal fee. Mediators who lapse, and apply for renewal 181 – 365 days of lapsing, will be required to pay a late fee equal to five times the mediator’s renewal fee, up to a maximum of $500. Mediators who apply for certification after day 365 will be required to apply as new mediators (after August 1, 2007 you will be subject to the point system).

CONTINUING MEDIATOR EDUCATION

All Florida Supreme Court certified mediators still must complete a minimum of 16 hours of CME applicable to each area of certification during each two year renewal cycle. For everyone, at least 4 of those hours must be completed in mediator ethics, at least 2 of the hours must be in domestic violence education, and at least one of the hours must be in diversity/cultural awareness. For family and dependency mediators, you still must complete a total of four hours in domestic violence education (an additional 2 hours above the 2 hours required for everyone). You may now earn up to 4 hours of CME for mentoring a new trainee. Mentoring hours, like mediator ethics, domestic violence education, and diversity/cultural awareness hours, count for all areas of certification.

STANDARDS OF CONDUCT

Rules 10.360(a) and 10.420(a), Florida Rules for Certified and Court-Appointed Mediators, have been revised to reflect the provisions of the Mediation Confidentiality and Privilege Act. You may need to modify your opening statement in light of the revisions. Rule 10.370, Florida Rules for Certified and Court-Appointed Mediators, has been re-titled to Advice, Opinions, or Information and a prohibition against unduly influencing the parties has been added to subsection (c).

DISCIPLINARY PROCEDURES

The hearing procedures have been amended to allow the Hearing Panel of the Mediator Qualifications Board to accept an admission to any or all charges prior to the hearing and impose sanctions on the mediator. A certified mediator who is convicted of a felony will be decertified for a period of not less than two years or until restoration of civil rights, whichever comes later. An appeal from a sanction by a hearing panel will now be taken. Refer to the Florida Rules for Certified and Court-Appointed Mediators, Part III for details.

Refer to Administrative Order AOSC06-9 for further details relating to CME and mentorship requirements.