MDFL Seeks Comment on Mediation Rules

The U.S. District Court for the Middle District of Florida has put forth local rule amendments for comment including Mediation. The federal court proposal requires the attendance in-person unless otherwise ordered by the judge or agreed by the mediator — of lead counsel, the parties or a party’s surrogate satisfactory to the mediator, and any necessary insurance carrier representative. This default has been a feature of other courts' rules in recent times since Covid has mostly waned, though many have made the exception to be through stipulation or agreement by the parties, not the mediator. By way of example, the Florida Rule of Civil Procedure 1.700 now states that mediation must be conducted in person, unless the referral order directs, the state court or party moves, or the parties stipulate othewise and also permits a combination of in-person and use of commuication technology. The federal court seeks comment on this change and these can be submitted by by mailing them to Elizabeth Warren, Clerk of Court, Attention: Local Rules Comments, 401 W. Central Blvd, Ste. 2100, Orlando, FL 32801-0201 or submitting through a link here-- https://www.flmd.uscourts.gov/webforms/comment-proposed-amendments-local-rules All comments must be received by 5:00 p.m. EST on August 21, 2023. See the proposed amendments linked to public notice posted here-- https://www.flmd.uscourts.gov/announcements/public-notice-and-opportunity-comment-proposed-amendments-local-rules

SDFL Rules Favor Remote Attendance

Next month, new mediation rules take effect in the United States District Court for the Southern District of Florida. After hearing from the bar on format and giving the public an opportunity to comment, the federal court decided in favor of remote attendance. Unless the court orders otherwise, under Local Rule 16.2, Court Annexed Mediation, the parties shall decide whether their mediation conference will be conducted in person or by video-conference and, if the parties cannot agree, the mediation conference shall be held by video-conference. Additionally, unless excused in writing by the court, all parties and required claims professionals (e.g., insurance adjusters) must participate in the mediation conference with full authority to negotiate a settlement which includes connecting and participating by video and audio. Lately, we've seen some parties appear with black screens, muted on Zoom. This change seems to attempt to address that trend and level the playing field, alleviating the need for mediators to compromise their neutrality in acting as policemen for the process. See more here for rules that take effect December 1, 2022-- https://www.flsd.uscourts.gov/sites/flsd/files/adminorders/2022-88.pdf