28-106.405. Standards of Conduct for Mediators  


Effective on Tuesday, April 1, 1997
  • 1(1) Mediators shall adhere to the highest standards of integrity, impartiality, and professional competence.

    15(2) On commencement of the mediation session, a mediator shall inform all parties that the process is consensual in nature, that the mediator is an impartial facilitator, and that the mediator may not impose or force any settlement on the parties.

    56(3) A mediator shall:

    60(a) Perform the mediation services in a timely and expeditious fashion, avoiding delays wherever possible;

    75(b) Be impartial and advise all parties of any circumstances bearing on possible bias, prejudice, or impartiality; and

    93(c) Withdraw from mediation if the mediator believes the mediator can no longer be impartial.

    108(4) A mediator shall not:

    113(a) Coerce or unfairly influence a party into a settlement agreement and shall not make substantive decisions for any party to a mediation process;

    137(b) Intentionally or knowingly misrepresent material facts or circumstances in the course of conducting a mediation; or

    154(c) Give or accept a gift, request, favor, loan, or any other item of value to or from a party, attorney, or any other person involved in, or associated with any person involved in, the mediation process.

    191Rulemaking 192Authority 19314.202, 194120.54(5) FS. 196Law Implemented 198120.54(5) FS. 200History–New 4-1-97.

     

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