Florida Regulations 60Q-6.110

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Florida > Regulations

§ 60Q-6.110 MEDIATION, GENERALLY

(1) All petitions and claims pending at the time a mediation conference is held will be mediated at that conference unless the judge orders otherwise.

(2) After state mediation has been scheduled, parties who have agreed to private mediation shall file with the judge at least 30 days prior to the scheduled state mediation conference a notice substituting private mediation for state mediation. The notice shall include the name of the private mediator, along with the date and time of the state and private mediations.

(3) The parties and private mediator shall be bound by the rules and statutes applicable to state mediation. If a notice and order regarding state mediation has been entered in the cause, the terms and requirements of the notice and order shall remain in full force and effect as to the substituted private mediation.

(4) If the parties settle all issues, or all issues except for attorney's fees, prior to the scheduled mediation conference, they shall immediately notify the mediator and the judge in writing.

(5) The following persons shall attend the mediation conference: the claimant; the claims representative of the carrier/servicing agent, which representative must have full authority to settle the issues; the employer, if uninsured; the insured or self-insured employer, if the employer/servicing agent does not have full authority to settle the issues; and the attorneys for the parties. The appearance of an attorney for a party does not dispense with the required attendance of the party. No one may appear at the mediation conference by telephone unless such appearance is approved in advance by the mediator.

(6) Failure to attend the mediation conference without having shown good cause or failure to appear at the mediation conference with full authority to resolve the issues may subject the party or the attorney to sanctions.

(7) Immediately following the conclusion of the mediation conference, the mediator, whether state, adjunct, or private, shall prepare a report stating whether any of the issues in dispute are resolved and whether the parties completed a pretrial stipulation. The claimant shall file with the judge within five days the mediator's report, together with any pretrial stipulation executed by the parties. If the parties reached a settlement agreement, it shall be filed with the judge for approval only if the judge's approval is required by statute.

Specific Authority 440.45 (1)(a), (4) FS.

Law Implemented 440.25(1)-(4), 440.45 (1)(a), (4) FS.