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In re Amendments To Florida Rule For Certified Andcourt-Appointed Mediators 10.910.

Supreme Court of Florida

June 22, 2017

IN RE: AMENDMENTS TO FLORIDA RULE FOR CERTIFIED ANDCOURT-APPOINTED MEDIATORS 10.910.

         Original Proceeding - Florida Rules for Certified and Court-Appointed Mediators

          Judge Rodney Smith, Chair, Committee on Alternative Dispute Resolution Rules and Policy, Miami, Florida; and Juan R. Collins, Senior Attorney I, Dispute Resolution Center, Tallahassee, Florida, for Petitioner

          PER CURIAM

         This matter is before the Court on a petition of the Supreme Court Committee on Alternative Dispute Resolution Rules and Policy (Committee), proposing amendments to rule 10.910 (Mediator Ethics Advisory Committee) of the Florida Rules for Certified and Court-Appointed Mediators (Mediator Rules). We have jurisdiction. See art. V, §2(a), Fla. Const.; see also § 44.106, Fla. Stat. (2016).

         The Committee's petition proposes amendments to Mediator Rule 10.910 following this Court's opinion in In re Amendments to the Florida Rules for Certified & Court-Appointed Mediators, 202 So.3d 795 (Fla. 2016), adopting amendments to Mediator Rule 10.730 (Mediator Qualifications and Discipline Review Board) to authorize a fourth standing division of the Mediator Qualifications and Discipline Review Board (MQDRB). We have fully considered the Committee's petition, and we adopt the amendments as proposed.

         We first amend Mediator Rule 10.910 in subdivision (b) (Appointment) to provide that the membership of the Mediator Ethics Advisory Committee shall be composed of nine members, two from each of the four divisions of the MQDRB, and one member from any of the four divisions. Additionally, we amend subdivision (c) (Membership and Terms) to require that the membership of the Mediator Ethics Advisory Committee shall include one county mediator, one family mediator, one circuit mediator, one dependency mediator, one appellate mediator, and four additional mediators who hold any type of Florida Supreme Court mediator certification. Finally, we amend subdivision (e) (Opinions) to allow the Dispute Resolution Center greater latitude in publishing advisory opinions of the Mediator Ethics Advisory Committee.

         Accordingly, the Florida Rules for Certified and Court-Appointed Mediators are hereby amended as reflected in the appendix to this opinion. New language is indicated by underscoring; deletions are indicated by struck-through type. The amendments shall become effective immediately upon release of this opinion. Because the amendments were not published for comment prior to their adoption, interested persons shall have sixty days from the date of this opinion in which to file comments with the Court.[1]

         It is so ordered.

          LABARGA, C.J., and PARIENTE, LEWIS, QUINCE, CANADY, POLSTON, and LAWSON, JJ., concur.

         APPENDIX

         Rule 10.910. MEDIATOR ETHICS ADVISORY COMMITTEE

         (a) [No change]

         (b) Appointment. The Mediator Ethics Advisory Committee shall be composed of 9 members, 32 from each of the 4geographic divisions served byof the Mediator Qualifications and Discipline Review Board and the ninth member from any of the 4 divisions. No member of the Mediator Qualifications and Discipline Review Board shall serve on the committee.

         (c) Membership and Terms. The membership of the committee, appointed by the chief justice, shall be composed of 1 county mediator, 1 family mediator, and 1 circuit mediator, 1 dependency mediator, 1 appellate mediator, and 4 additional mediators who hold any type of Florida Supreme Court mediator certificationfrom each division and shall be appointed by the chief justice. At least one of the 9 members shall also be a certified dependency mediator, and at least one of the 9 members shall also be a certified appellate mediator. All ...


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