A certified mediator is an attorney, certified by the Chief Judge in accordance with these Local Rules, who possesses the unique skills required to facilitate the mediation process including the ability to suggest alternatives, analyze issues, question perceptions, use logic, conduct private caucuses, stimulate negotiations between opposing sides, and keep order.
The mediation process does not allow for testimony of witnesses. The mediator does not review or rule upon questions of fact or law, or render any final decision in the case.
(ii) whether the mediator declared an impasse;
(iii) whether the mediation was conducted in person or by video-conference; and
(iv) pursuant to Local Rule 16.2(e), whether any party failed to participate in the mediation.
(2) Lists of Certified Mediators. Lists of certified mediators shall be maintained in the offices of the Clerk of the Court and shall be made available to counsel and the public upon request.
(3) Qualifications of Certified Mediators. An individual may be certified to serve as a mediator in this District provided that the individual shall:
(B) currently be a member in good standing of The Florida Bar and the Bar of this Court; and
(C) have substantial experience either as a lawyer or mediator in matters brought in any United States District Court or Bankruptcy Court; and
(D) have been certified and remain in good standing as a circuit court mediator under the rules adopted by the Supreme Court of Florida; and
(E) have substantial experience as a mediator.
Any individual who seeks certification as a mediator shall agree to accept at least two (2) mediation assignments per year in cases where at least one (1) party lacks the ability to compensate the mediator, in which case the mediator’s fees shall be reduced accordingly or the mediator shall serve pro bono (if no litigant is able to contribute compensation).
The Chief Judge shall constitute an advisory committee from lawyers who represent those categories of civil litigants who may utilize the mediation program and lay persons to assist in formulating policy and additional standards relating to the qualification of mediators and the operation of the mediation program and to review applications of prospective mediators and to recommend certification to the Chief Judge as appropriate.
(4) Standards of Professional Conduct for Mediators. All individuals who mediate cases pending in this District shall be governed by the Standards of Professional Conduct in the Florida Rules for Certified and Court-Appointed Mediators adopted by the Florida Supreme Court (the “Florida Rules”) and shall be subject to discipline and the procedures therefor set forth in the Florida Rules. Every mediator who mediates a case in this District consents to the jurisdiction of the Florida Dispute Resolution Center and the committees and panels authorized thereby for determining the merits of any complaint made against any mediator in this District.
(5) Oath Required. Every certified mediator shall take the oath or affirmation prescribed by 28 U.S.C. §453 upon qualifying as a mediator.
(6) Disqualification of a Mediator. Any person selected as a mediator may be disqualified for bias or prejudice as provided in 28 U.S. C. §144, and shall be disqualified in any case in which such action would be required of a justice, judge, or Magistrate Judge governed by 28 U.S.C. §455.
(7) Compensation of Mediators. Mediators shall be compensated
(b) at such rate as may be agreed to in writing by the parties and the mediator, if the mediator is selected by the parties.
(2) Motion to vacate sentence under 28 U.S.C. §2255;
(3) Social Security cases;
(4) Civil forfeiture matters;
(5) IRS summons enforcement actions;
(6) Land condemnation cases;
(7) Default proceedings;
(8) Student loan cases;
(9) Naturalization proceedings filed as civil actions;
(10) Statutory interpleader actions;
(11) Truth-in-Lending Act cases not brought as classactions;
(12) Letters rogatory; and
(13) Registration of foreign judgments.
(B) Direct the parties, within fourteen (14) days of the date of the order of referral, to agree upon a mediator. The parties are encouraged to utilize the list of certified mediators established in connection with Local Rule 16.2(b) but may by mutual agreement select any individual as mediator. The parties shall file and serve a “Notice of Selection of Mediator” within that period of time. If the parties are unable to agree upon a mediator, plaintiff’s counsel, or plaintiff if self-represented, shall file and serve a “Request For Clerk To Appoint Mediator,” and the Clerk will designate a mediator from the list of certified mediators on a blind, random basis.
(C) Direct that, at least fourteen (14) days prior to the mediation date, each party give the mediator a confidential written summary of the case identifying issues to be resolved.
(3) Stipulation of Counsel. Any action or claim may be referred to mediation upon stipulation of the parties.
(4) Withdrawal from Mediation. Any civil action or claim referred to mediation pursuant to this rule may be exempt or withdrawn from mediation by the presiding Judge at any time, before or after reference, upon application of a party and/or determination for any reason that the case is not suitable for mediation.
(ii) if the mediation is being conducted in person, participation requires attending the mediation conference in person (i.e., in person if the party is a natural person, not through an agent; or if the party is an entity, by the personal attendance of an entity representative).
(f) Mediation Report; Notice of Settlement; Judgment.
(b) with the consent of the parties, arrange for one of the parties to file a “Notice of Filing Mediator’s Report,” which shall attach the report as an exhibit.
(2) Restrictions on the Use of Information Derived During the Mediation Conference. All proceedings of the mediation shall be confidential and are privileged in all respects as provided under federal law and Florida Statutes §44.405. The proceedings may not be reported, recorded, placed into evidence, made known to the Court or jury, or construed for any purpose as an admission against interest. A party is not bound by anything said or done at the conference, unless a written settlement is reached, in which case only the terms of the settlement are binding.
