Summary
The Florida Supreme Court adopts amendments to the Florida Rules for Certified and Court-Appointed Mediators, incorporating a point-based certification system. The Court removes the Florida Bar membership requirement for certified circuit court mediators but requires appointment of a Bar member upon request of either party. The opinion also amends Florida Rule of Civil Procedure 1.720(f)(2) concerning mediator appointment.
Topics
Practice areas
Questions Presented
- Whether to incorporate the previously approved point-based mediator-certification requirements into the Florida Rules for Certified and Court-Appointed Mediators.
- Whether to eliminate the Florida Bar membership requirement for certified circuit court mediators.
- Whether Florida Rule of Civil Procedure 1.720(f)(2) should require appointment of a certified circuit court mediator who is a member of The Florida Bar upon the request of either party.
Holdings
- The Court adopted amendments to the Florida Rules for Certified and Court-Appointed Mediators incorporating the point-based certification requirements previously approved on an interim basis by administrative order.
- Florida Bar membership is not required for certification as a circuit court mediator.
- At the request of either party, the court must appoint a certified circuit court mediator who is a member of The Florida Bar.
Key quotations
“we now remove the Bar membership requirement for certified circuit court mediators and amend the rules to provide a true point-based mediator certification system for our state.” (1005)
“At the request of either party, the court shall appoint a certified circuit court mediator who is a member of The Florida Bar.” (1006)
Factual background
The Court had previously approved a point-based system for mediator certification but temporarily retained the requirement that certified circuit court mediators be members of The Florida Bar. The Committee continued to advocate removal of that requirement, while The Florida Bar urged retaining it and adding a five-year membership-in-good-standing requirement. After considering the submissions and comments, the Court adopted a true point-based certification system and modified the mediator-appointment rule to permit either party to request appointment of a circuit court mediator who is a member of The Florida Bar.
Procedural history
In an earlier decision, the Court approved a point-based mediator-certification system on an interim basis, retained the Florida Bar membership requirement for certified circuit court mediators pending further consideration, and directed the Committee to propose amendments incorporating the point system into the Mediator Rules. After receiving the Committee's proposals, a comment from The Florida Bar, additional public comments, and oral argument, the Court adopted the proposed amendments and amended Florida Rule of Civil Procedure 1.720(f)(2) on its own motion.