MEDIATION Flashcards
Which Fla. Fam. L R. P. governs mediations?
12.740 & 12.741
Must all family law matters be referred to mediation?
All contested matters MAY be referred to mediation and every effort shall be made to expedite mediation of family issues (but trial order may require it even though the Fla. Fam. L. R. P. says it isn’t mandatory)
When can the court refer family law matters to private mediation?
Only when it has determined the parties have the financial ability to pay such a fee based on their FA’s or other financial info available to the court. When appropriate - court shall apportion fees between parties and state same in the order.
Can a party object to the mediator’s rate?
Yes within 15 days of the order of referral and objection will be served on parties AND mediator
Does mediation suspend discovery?
No
12.741(a)
What is a basis for imposing sanctions with respect to mediation
- If a party fails to appear at a duly noticed mediation without good cause or knowingly and willfully violates any confidentiality provision
When shall mediation be completed?
Within 75 days of the first mediation conference unless otherwise ordered by the court
What does a mediator report to court after mediation
When the parties do not reach an agreement, mediator will report the lack of an agreement to the court. With consent of parties, mediator report may identify any pending motions or outstanding legal issues, discovery process or other action, which if resolved, would facilitate possibility of settlement.
What must be done after mediation if issues resolved?
Must be reduced to a writing signed by parties AND their counsel and agreement shall be submitted to court (unless parties agree otherwise). Unless further action required by court, agreement is binding upon filing otherwise, binding upon court approval.
Can parties reach an oral mediation agreement?
Parties can reach oral deal but not binding until reduced to writing orally announced in court and certified by the parties.
If a party fails to appear at a duly noticed mediation without good cause or knowingly and willfully violates any confidentiality provision, what may the court do?
Impose sanctions, including an award of mediator and attorney’s fees and costs against the party.
Is there a mediation “privilege”?
Yes, a mediation party has a privilege to refuse to testify and prevent any other person from testifying about mediation communications. (44.405)
What circumstances can parties disclose mediation communications?
- a signed written agreement reached during a mediation
- If it’s been waived
- Communication concerning plan of crime, commit or attempt to commit a crime, conceal ongoing criminal activity or threaten violence
- Child abuse, abandonment or neglect or abuse, neglect or exploitation of vulnerable adult
- Offered to report, prove, or disprove professional malpractice occurring during the mediation, solely for the purpose of the professional malpractice proceeding
- Offered for the limited purpose of establishing or refuting legally recognized grounds for voiding or reforming a settlement agreement reached during a mediation
7.Offered to report, prove, or disprove professional misconduct occurring during the mediation, solely for the internal use of the body conducting the investigation of the conduct
Can mediator communicate with parties
Mediator may meet and consult privately with any part or parties or their counsel
Once their is an order of referral for mediation, how long do parties have to pick a mediator?
10 days from the date of the order
