FL Supreme Court Limits Senior Judge Mediators

Twenty years ago, the Supreme Court of Florida authorized senior judges to serve as mediators in a new Code of Judicial Conduct, despite concerns about the propriety of a senior judge acting as both a mediator and an assigned senior judge. Last month, following proposed amendments published for comment that would have prohibited dual service, the court again decided to allow senior judges to continue to serve as mediators in light of significant opposition to the proposed prohibition. However, the Court chose to add new limiting provisions, such that Senior judges are now prohibited from serving as a mediator in any case in a judicial circuit where they preside as a judge. Additionally, mediation firms affiliated with judges are required to follow the same prohibitions on advertising and promotion that are imposed on judges. A potential exists that senior judges serving as paid mediators could be seen as exploiting their judicial position or lending the prestige of judicial office to advance the private interests of a judge or a mediation firm with which that judge may associate, or otherwise running afoul of the Code of Conduct. These amendments to the Code of Judicial Conduct, Rules for Certified and Court Appointed Mediators, Florida Rules of Civil Procedure, Rules of Judicial Administration, Rules of Juvenile Procedure, and the Florida Family Law Rules become effective on October 1, 2014 and are seen as additional safeguards to further alleviate the concern that dual service inappropriately creates an advantage in generating mediation business. See full opinion here-- http://www.floridasupremecourt.org/decisions/2014/sc13-1732.pdf

America's Cup Mediation Stalls

In a sport of titans filled with rules, legal battles are inevitable. With the opening of the preliminary Vuitton Cup approaching, New Zealand is protesting rule changes following the death of British sailor Andrew Simpson whose catamaran capsized. Changes to the 72-foot cats are said to potentially lead to more injuries, as a rule now allows for elevators to extend beyond the beam of the boats. New Zealanders say they built their boat under a set a rules that now has been changed-- cutting their competitive advantage. The America's Cup organization claims boats will be legal whether they use the new rudder configuration or the old one. A recent mediation aimed at reaching agreement on implementing safety recommendations previously issued by the regatta's director ended after four days. Teams reportedly agreed on the vast majority of the safety recommendations which was thought to be a useful and positive exercise that left only a couple of points unresolved. All 37 recommendations developed in consultation with the teams following the fatal capsize will remain part of the permit application submitted to the US Coast Guard. Iain Murray said it was useful to hear the teams’ perspective on safety from a competitive viewpoint. “As Regatta Director, I have a clear task. For me, safety means safety for everyone. Full stop. I stand behind all of the original recommendations to increase safety...I look forward to working with the Coast Guard, teams and other stakeholders to ensure we run a safe and successful America’s Cup this summer.” Hopefully, the winds of accord will pick up before racing commences Sunday. See http://www.americascup.com/en/news/3/news/15969/mediation-makes-good-progress-but-ends-without-final-resolution and http://usat.ly/163IdI1 and http://www.bbc.co.uk/sport/0/sailing/23166664 and http://www.nytimes.com/2013/07/04/sports/Sailing-on-Air-With-Americas-Cup-Catamarans.html?pagewanted=2&ref=general&src=me&pagewanted=print