The Florida Supreme Court’s committee on alternative dispute resolution rules and policy has proposed rules which would prohibit mediators who are not currently certified by the court from mediating cases that have been filed in state courts. Several prominent and highly regarded members of the Florida Bar who practice mediation have recently taken to the pages of the Daily Business Review to oppose these rule changes.
The rule changes are arguably ill-advised. Parties should be able to discuss settlement in any forum and in any manner in which they wish to do so, including using an intermediary of their choice who is not a certified mediator. However, the arguments made against the rule changes make some questionable assertions that should not go unchallenged.
