§ Rule IV Procedures

Rule IV. Procedures

(a) Co-mediation.

Co-mediation shall not be required, but may be utilized under appropriate circumstances. When co-mediation is employed, it is preferred that only 1 of the program mediators be a member of the bar.

(b) Records.

A record of all referrals and the result of each shall be maintained in accordance with The Florida Bar's record retention policy.

It is the policy of the bar that persons should personally attend mediation conferences. However, if special circumstances exist and the program mediator agrees, parties may be allowed to attend by telephone or video connection.

(d) Site of Mediation Conference.

Unless otherwise agreed upon by the parties and the program mediator(s), the mediation conference shall be held at the office of a program mediator.

(e) Right to Counsel.

Counsel shall be permitted at mediation conferences only if approved by the parties and agreed to by the program mediator(s).

(f) Time for Mediation.

If the program mediator(s) is(are) able to serve, the initial mediation conference shall be scheduled within 45 days of referral of the file. This time may be extended by agreement of the parties and the program mediator(s). Failure to meet this time requirement shall not divest the program mediator(s) of the authority to proceed otherwise.

(g) Report to The Florida Bar. At the conclusion of a mediation the program mediator shall report to the committee, limited to:

(1) reference to the matter by identification of the disciplinary file to which it pertains;

(2) reference to whether the matter settled without resort to a formal mediation conference;

(3) whether a formal mediation conference was held and, if so, when;

(4) the parties who attended and those who did not;

(5) whether the mediation resulted in complete settlement, partial settlement, or impasse; and

(6) in instances where disciplinary violations of a sort not proper for mediation are divulged or discovered, or a party to the mediation appears to the program mediator to be incompetent to participate in the mediation, a statement that the matter is no longer proper for mediation, without elaboration as to why.