ADR Rules & Policy Approves Language

This week, the Florida Supreme Court's ADR Rules and Policy Committee approved in its response regarding rule amendments (by a vote of 16 to 0) my suggested change submitted through the ADR Section Executive Council comment regarding revisions to Rule 10.340(d)(2) on conflicts of interest as follows: “(2) the mediator previously provided services (other than mediation services) for, or represented one or more of the mediation participants in, the matters current case or dispute at issue in the mediation; or…" The ADR Rules and Policy Committee found this narrows the scope of the proposed language. They agree since this provision addresses “clear” conflicts of interest, which are not waivable, the scope should only be broad enough to address the harm to be avoided. The Committee’s language, “matters at issue in the mediation,” is broader than my suggested language. The broader scope would require a mediator to decline serving as a mediator even if the potentially conflicting interests are not directly related to the case or dispute being mediated. For non-waivable conflicts of interest, a narrower scope may be preferable in order to ensure that parties have the widest latitude in selecting a mediator, while still ensuring mediator impartiality. Therefore, the Committee supported narrowing the scope through alternate language and has asked the court to adopt it and other changes pending a decision to grant oral argument. See more here-- http://tinyurl.com/eedckhhj