Florida Regulations 60Q-6.111

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§ 60Q-6.111 AUTHORITY AND DUTIES OF MEDIATOR

(1) Authority of Mediator.

(a) The mediator shall at all times be in control of the mediation and the procedures to be followed, subject to the direction of the judge.

(b) The mediator may meet and consult privately with any party or parties or their counsel during the mediation.

(c) The mediator shall have discretion to allow any party to appear at the mediation conference by telephone.

(2) Duties of Mediator. The mediator shall inform the parties at the beginning of the mediation conference:

(a) of the process of mediation;

(b) that the mediator is an impartial facilitator and is there to assist the parties in reaching, not to force them to reach, a voluntary settlement;

(c) of the differences between mediation and a final hearing before the presiding judge;

(d) if applicable, of the costs of the mediation;

(e) that the mediation process is consensual in nature, and the parties retain their right to a final hearing if they do not reach agreement;

(f) of the privileged and confidential nature of communications made during the mediation;

(g) that any agreement reached at the mediation conference will be by mutual consent of the parties, reduced to writing, and subject to the approval of the presiding judge if required by statute; and

(h) that the mediator will timely determine when mediation should end.

(3) Disclosure. The mediator has a duty to be impartial and to advise all parties of any circumstances bearing on possible bias, prejudice, or partiality.

(4) Matters Beyond Mediator�s Competence. A mediator shall decline appointment or withdraw when the mediator decides that a matter is beyond the mediator�s competence.

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

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

History--New 2-23-03.