Rules of Civil Procedure, In re Proposed Rules for Implementation of Florida Statutes Sections 44.301-.306

518 So. 2d 908, 13 Fla. L. Weekly 1, 1987 Fla. LEXIS 2681, 1987 WL 33200
CourtSupreme Court of Florida
DecidedDecember 31, 1987
DocketNo. 71312
StatusPublished
Cited by2 cases

This text of 518 So. 2d 908 (Rules of Civil Procedure, In re Proposed Rules for Implementation of Florida Statutes Sections 44.301-.306) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rules of Civil Procedure, In re Proposed Rules for Implementation of Florida Statutes Sections 44.301-.306, 518 So. 2d 908, 13 Fla. L. Weekly 1, 1987 Fla. LEXIS 2681, 1987 WL 33200 (Fla. 1987).

Opinion

PER CURIAM.

The 1987 Legislature enacted Chapter 87-173, Laws of Florida, to be codified at sections 44.301-.306, Florida Statutes (1987), dealing with arbitration and mediation, effective January 1, 1988. Under section 44.306, this Court is charged with the responsibility of promulgating rules of procedure and practice and establishing minimum standards for qualifications, rules of professional conduct, and training standards for mediators and arbitrators who are appointed pursuant to the act. This Court, by administrative order issued July 24, 1987, appointed a Mediation and Arbitration Committee to make recommendations to the Court on appropriate rules to adopt.

The committee submitted its proposed rules on October 19. Interested parties were asked to submit comments and suggestions after publication of the proposed rules. Oral argument was held on December 3, 1987, at which time the committee was asked to reconsider its proposal in light of the objections and comments received. A modified proposal was submitted December 23, 1987.

As an interim measure, in light of the January 1, 1988 effective date of the act, we adopt the proposed rules as modified by the committee. The attached rules shall become effective 12:01 A.M., January 1, 1988 and shall be subject to amendment after further consideration by the Court. Interested parties are invited to submit comments and suggestions regarding the modified rules as adopted on or before March 1, 1988.

It is so ordered.

McDonald, C.J„ and OVERTON, EHRLICH, SHAW, BARKETT, GRIMES and KOGAN, JJ., concur.

1.700 Rules Common to Mediation or Arbitration.

(a) Referral by presiding judge. Except as hereinafter provided, the presiding judge may refer any contested civil matter or selected issues for assignment to mediation or arbitration.

(1) Hearing date. The first mediation conference or arbitration hearing shall be held within 60 days of referral, unless sooner ordered by the court.
(2) Notice. Within 10 days after the case has been referred for either mediation or arbitration, the court or its desig-nee shall notify the parties and either the [910]*910mediator or arbitrator in writing of the date, time and place of the conference.

(b) A party may move, within 15 days after the order of referral, to dispense with mediation and with arbitration, respectively, if the issue to be considered has been previously mediated or arbitrated between the same parties pursuant to Florida law.

(c) Waiver or deferral of mediation or arbitration. Within 15 days of the court order assigning the case to mediation or arbitration, any party may file a motion with the court to defer or forego the process. Such motion shall set forth, in detail, the facts and circumstances supporting the motion. Mediation or arbitration shall be tolled until disposition of the motion.

(d) Calculation of times. All times hereunder shall be calculated in accordance with Rule 1.090(a) Fla.R.Civ.P.

(e) Disqualification of a mediator or arbitrator. Any party may move the court to disqualify a mediator or an arbitrator using the procedures of Fla.R.Civ.P. 1.432. Mediators and arbitrators have a duty to disclose any fact bearing on their qualifications, including any fact which would be ground for disqualification of a judge. If the court rules that a mediator or arbitrator is disqualified from hearing a case, an order shall be entered setting forth the name of a qualified replacement. Nothing in this provision shall limit the discretion of a mediator or arbitrator to refuse any assignment. A mediator or arbitrator may elect voluntary disqualification, which is final upon service upon the parties and the court. The time for mediation or arbitration shall be tolled during any periods in which mediation or arbitration is deferred pending determination of a disqualification motion.

1.710 Mediation Rules.

(a)Completion of mediation. Mediation shall be completed within 30 days of the first mediation conference unless extended by order of the court on motion of the mediator or of a party. No extension of time shall be for a period exceeding 60 days from the first mediation conference. The mediator’s report shall be filed immediately with the court upon its becoming binding on the parties pursuant to Rule 1.730(b).

(b) Exclusions from mediation. The following categories of claims shall not be referred to mediation except upon petition of all parties.

(1) Appeals from rulings of administrative agencies
(2) Bond estreatures
(3) Forfeitures of seized property
(4) Habeas corpus and extraordinary writs
(5) Bond validations
(6) Declaratory relief
(7) Any litigation expedited by statute or rule, except issues of parental responsibility
(8) Such other matters as may be specified by order of the Chief Judge in the Circuit

(c) Discovery. Discovery pursuant to Rule 1.280 Fla.R.Civ.P. may continue throughout mediation. Such discovery may be delayed or deferred upon agreement of the parties. All discovery shall be held in abeyance, and the times tolled, upon submission of a written settlement agreement to the court.

1.720 Mediation Procedures.

(a) Interim or emergency relief. Either party may apply to the court for interim or emergency relief at any time. Mediation shall continue while such motion is pending absent a contrary order of the court, or a decision of the mediator to adjourn pending disposition of the motion. Time for completing mediation shall be tolled during any periods where mediation is interrupted pending resolution of such motions.

(b) The court, upon written notice from the mediator that any party has failed to appear after receiving written notice and without good cause, may apply appropriate sanctions as provided by the Florida Rules of Civil Procedure, including taxing of the fees and costs of the mediator.

(c) Adjournments. The mediator may adjourn the mediation conference at any time and may set times for reconvening the adjourned conference. No further notification is required for parties present at the [911]*911adjourned conference. The mediator may suspend or terminate mediation whenever, in the opinion of the mediator, the matter is not appropriate for further mediation.

(d) Counsel. The mediator shall at all times be in control of the mediation and the procedures to be followed in the mediation. Counsel for each party may attend the mediation conference and shall at all times be permitted to privately communicate with their clients. Presence of counsel is not required and in the discretion of the mediator, mediation may proceed in the absence of counsel.

(e) Communication with parties. The mediator may meet and consult privately with any party or parties or their counsel. With consent of the parties, the mediator may speak with designated third parties about substantive issues involved in the mediation. Mediators are not restricted in their communication with third parties concerning procedural or administrative matters.

(f) Appointment and compensation of mediator.

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Related

McKinlay v. McKinlay
648 So. 2d 806 (District Court of Appeal of Florida, 1995)

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Bluebook (online)
518 So. 2d 908, 13 Fla. L. Weekly 1, 1987 Fla. LEXIS 2681, 1987 WL 33200, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rules-of-civil-procedure-in-re-proposed-rules-for-implementation-of-fla-1987.