Fla.11th Jud. Cir. Responds to Mediator Rules Proposals

Florida's Eleventh Judicial Circuit in Miami-Dade County formally commented on proposed amendments to the Florida Rules for Certified and Court-Appointed Mediators. The proposed changes completely revise Mediator Rules relating to disciplinary matters. The stated intent of the proposal is to address inconsistencies, gaps and omissions found in the present version. However, the Miami judicial circuit claims inconsistencies, gaps and omissions require further consideration by the committee before being approved by The Supreme Court of Florida. The Eleventh Judicial Circuit Mediation/Arbitration Unit stated they recognized the importance of clear and concise guidelines and rules to maintain the ethical standards of the profession and to maintain the public confidence in the mediation process. Their comment emphasizes that the rules, as proposed in the amendments, blur the fundamental principles of equity, due process and neutrality. They find certain amendments are vague, arbitrary, and impose an inequitable burden on the mediator who is the subject of disciplinary action. After a thorough review in which they enumerate the new language and procedural changes, they suggest that instead of promoting a more comprehensive uniformity and consistency, the broad nature of the changes perpetuates further inconsistency and general confusion in the proposed disciplinary procedures. The Florida Bar ADR Section is also considering filing formal comments to these rules proposals and has sought an extension for such period to and including August 24, 2015. Accordingly, the Supreme Court Committee on Alternative Dispute Resolution Rules and Policy is allowed to and including September 14, 2015, in which to file its response. See more here-- Case Number: SC15-875 - IN RE: AMENDMENTS TO THE FLORIDA RULES FOR CERTIFIED AND COURT-APPOINTED MEDIATORS http://jweb.flcourts.org/pls/docket/ds_docket_search