Certified circuit court mediators no longer must be lawyers under mediation rules approved by the Florida Supreme Court. However, judges must appoint a lawyer-mediator if either party requests it, the court said.
The Nov. 15 court ruling made that change to the Florida Rules for Certified and Court-Appointed Mediators. The Bar opposed dropping the requirement that circuit mediators be lawyers.
The court had earlier approved changes recommended by Supreme Court Committee on Alternative Dispute Resolution Rules and Policy for going to a point-based system for mediation certification. But at that time, the court did not adopt the committee’s recommendation to drop the requirement for Bar membership, but instead requested further input — including from the Bar. In its follow-up filing the committee continued to recommend ending the requirement for Bar membership for certified circuit court mediators.
The opinion said, “As requested by the court, the Bar also filed its comment addressing the Bar membership requirement. The Bar takes the position that the requirement should be retained for circuit court mediators, but that the applicant also should be required to have been a member in good standing of The Florida Bar or the bar of another jurisdiction for the five years immediately preceding an application.”
The court noted that its previous ruling “recognized that ‘the general consensus in the alternative dispute resolution field is that possession of academic degrees, including law degrees, does not necessarily predict an individual’s ability to be a good mediator.’”
It also noted that most other states do not require a law degree for such mediators, and so decided to do away with the requirement.
“However,” the court added, “in eliminating the Bar membership requirement for certified circuit court mediators, we also recognize that there may be situations in which a party to a circuit court mediation may object to the appointment of a mediator who lacks legal training. In such situations, we believe that the circuit court must necessarily appoint a mediator who is a member of The Florida Bar. Accordingly, on our own motion, we also amend Florida Rule of Civil Procedure 1.720(f)(2) to require courts to appoint a certified circuit court mediator who is a member of The Florida Bar upon the request of either party.”
Aside from that issue, the court ruled that the new point-based system, which had been implemented previously by an administrative order, be incorporated in the rules for mediators. The changes became effective with the release of the opinion.
The court ruled unanimously in In re: Petition of the Alternative Dispute Resolution Rules and Policy Committee on Amendments to Florida Rules for Certified and Court-Appointed Mediators, case no. SC05-998. The full text of the opinion can be found on the court’s Web site, www.floridasupremecourt.org.
— Courtesy The Florida Bar News