Florida Rules for Certified & Court Appointed Mediators
- Establish rules for Florida mediators.votar image by caironbohemio from Fotolia.com
Mediation is a process in which a third party helps the involved individuals consider resolutions for a dispute. This service can be court-ordered, provided for family issues or regarding dependency matters. Mediators in Florida are required to undertake training that includes classes and case study with certified mediators or supervisors. Rules established for negotiation cover issues such as moral character, professional conduct, right of self-determination and fairness. - Mediators provide a forum for consensual dispute resolution that honors all parties' right of self-determination. Mediators must act impartially, and avoid coercion, improper influence and conflicts of interest. A mediator is responsible for maintaining appropriate demeanor and confidentiality.
- Fees for mediation services must be fair and consistent with the nature of the case. Any charges determined for time spent for mediation service shall not exceed real time spent. Mediators divide all fees and costs between parties involved in the conflict. When bill involves two or more mediations in the same day, time and expense charges are prorated. A mediator must state in writing an explanations of fees and costs prior to arbitration. Documentation must include the reason for and amount of charges, amount due for deferment or cancellation of service and the party's pro rata share of mediation fees and costs. A mediator will maintain records to support charges and expenses and present them to the parties, their counsel or the court. No commissions, rebates or reimbursement for referrals are allowed.
- Commencement of mediation begins with an orientation session. Orientation establishes mediation as a consensual process monitored by an impartial party without authority to impose a plan or settle a dispute. All communications are confidential. The mediator adjourns the mediation upon agreement of the parties, if mediation results in excessive emotional or monetary costs, if the case cannot be resolved or if the physical safety of any person is endangered.