USFLMD Rules of Court
Chapter 4
Alternative Dispute Resolution
RULE 4.01 | MEDIATION
RULE 4.02 | MEDIATOR
(b) QUALIFICATIONS. To qualify for certification as a mediator, a lawyer must establish:
(2) membership in good standing in The Florida Bar and the Middle District bar, and
(3) completion of the Florida Supreme Court’s certified-mediator training and certification by the Florida Supreme Court of good standing as a circuit court mediator.
(d) COMPENSATION. Unless the parties and the mediator agree otherwise, the parties must pay the mediator a reasonable fee, and must bear equally the cost of mediation. No mediator can charge a fee to, or accept anything of value from, a source other than the parties.
(e) PRO BONO REQUIREMENT. If asked by a judge, a mediator must conduct at least one mediation a year in which the judge determines that a party lacks the ability to pay the mediator.
RULE 4.03 | MEDIATION ORDER
(b) establishes a mediation deadline;
(c) requires a lawyer to confirm a mediation date agreeable to the mediator and the parties and to notify the judge of the date;
(d) requires the attendance — in-person unless otherwise agreed by the parties — of lead counsel, the parties or a party’s surrogate satisfactory to the mediator, and any necessary insurance carrier representative;
(e) notifies the parties that unexcused absence or departure from mediation is sanctionable;
(f) requires the mediator to report within seven days after mediation the result of the mediation and whether all required persons attended; and
(g) directs that the substance of the mediation is confidential and that no party, lawyer, or other participant is bound by, may record, or without the judge’s approval may disclose any event, including any statement confirming or denying a fact — except settlement — that occurs during the mediation.
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