FLORIDA SUPREME COURT'S AMENDMENTS TO RULES
Florida Supreme Court Committee on ADR Rules and P
08/02/06

The Florida Supreme Court adopted many of the changes proposed by the Supreme Court Committee on Alternative Dispute Resolution Rules and Policy to the Florida Rules for Certified and Court-Appointed Mediators. Fla. R. Med. 10.100 et seq. The new changes go into effect August 1, 2006. The Court's opinion in In re: Petition of the Alternative Dispute Resolution Rules and Policy Committee on Amendments to Florida Rules for Certified and Court-Appointed Mediators, No. SC05-998 (Fla. May 11, 2006) addressed the changes in three categories: (1) Mediator Qualifications; (2) Standards of Professional Conduct; and (3) Discipline.

Mediator Qualifications The largest substantive change to the Florida Rules is the overhaul of the certification requirements for mediators. Previously, mediators were certified based on mandatory education and profession-based requirements. Under the new system, mediators will become certified based upon points for each category of mediator. Potential mediators will earn points for accomplishments such as educational level achieved, mediation experience, mentorship and observation, training completed, and even foreign language proficiency. The purpose of this new system, states the Court, is to "provide applicants with more flexibility in obtaining certification and to increase the diversity of the mediation profession in Florida." The Court did, however, retain the requirement that certified circuit court mediators be a member of the Florida Bar or a retired trial judge from any United States jurisdiction. The Court expressed hesitation to remove the requirement without express comment from the Florida Bar, which it did not receive. The Court acknowledged that it may reconsider this decision after receiving input from the Florida Bar.

Standards of Conduct Among several changes to the Standards of Conduct was an amendment to the scope of confidentiality. The new Standards of Conduct state that mediators, "shall maintain confidentiality of all information revealed during mediation except where disclosure is required or permitted by law or is agreed to by all parties." The statute then lists several exceptions to mediator confidentiality. Mediators are required to advise parties of this new rule in an opening orientation session before beginning a mediation.

Discipline The Court adopted only minor amendments to the Discipline section of the Rules. Among the new requirements are changes to the disciplinary hearing and committee process, and a requirement to report any changes in status of any professional license held by a mediator. In addition, disciplinary actions against mediators will now be reviewed by the Chief Justice instead of the Court.