Originally from Alternatives to the High Cost of Litigation

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Florida has the most developed body of mediation ethics opinions of any state researched for this two-part series [See Part 1 at “A Mediator’s Dilemma: Evaluating Without Compromising Self-Determination or Impartiality,” 39 Alternatives 17 (February 2021) (available at (https://bit.ly/3dbCnC0)]. Last month, we reviewed mediator evaluation and its impact on impartiality and party self determination in eight states, including Florida, as well as the Model Standards of Conduct for Mediators (2005) (available at https://bit.ly/3av1L4l) promulgated by the American Arbitration Association, the American Bar Association’s Section of Dispute Resolution, and the Association for Conflict Resolution.

In this concluding Part 2, the scope and the contours of Florida Rule 10.370, examined in detail in last month’s article, are tested based on Florida’s Mediation Ethics Advisory Committee opinions. (The Florida Rules for Certified & Court-Appointed Mediators are available at https://bit.ly/2LQsopZ.)