RULE 12.741. MEDIATION RULES

(a) Discovery. Unless stipulated by the parties or ordered by
the court, the mediation process shall not suspend discovery.
(b) General Procedures.

(1) Interim or Emergency Relief. A party may apply to
the court for interim or emergency relief at any time. Mediation
shall continue while such a 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 when mediation is interrupted pending
resolution of such a motion.

(2) Sanctions. If a party fails to appear at a duly noticed
mediation conference without good cause, or knowingly and
willfully violates any confidentiality provision under section 44.405,
Florida Statutes, the court upon motion shall impose sanctions,
including an award of mediator and attorneys’ fees and other costs,
against the party.

(3) 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 adjourned conference.

(4) Counsel. Counsel shall be permitted to
communicate privately with their clients. The mediator shall at all
times be in control of the mediation and the procedures to be
followed in the mediation.

(5) Communication with Parties. The mediator may meet
and consult privately with any party or parties or their counsel.

(6) Appointment of the Mediator.

(A) Within 10 days of the order of referral, the
parties may agree upon a stipulation with the court designating:

(i) a certified mediator, other than a senior
judge presiding over civil cases as a judge in that circuit; or

(ii) a mediator, other than a senior judge,
who is not certified as a mediator but who, in the opinion of the
parties and upon review by the pre-siding judge, is otherwise
qualified by training or experience to mediate all or some of the
issues in the particular case.

(B) If the parties cannot agree upon a mediator
within 10 days of the order of referral, the plaintiff or petitioner
shall so notify the court within 10 days of the expiration of the
period to agree on a mediator, and the court shall appoint a
certified mediator selected by rotation or by such other procedures
as may be adopted by administrative order of the chief judge in the
circuit in which the action is pending.

(C) If a mediator agreed upon by the parties or
appointed by a court cannot serve, a substitute mediator can be
agreed upon or appointed in the same manner as the original
mediator. A mediator shall not mediate a case assigned to another
mediator without the agreement of the parties or approval of the
court. A substitute mediator shall have the same qualifications as
the original mediator.

Commentary

1995 Adoption. This rule combines and replaces Florida
Rules of Civil Procedure 1.710, 1.720, and 1.730. The rule, as
combined, is substantially similar to those three previous rules,
with the following exceptions. This rule deletes subdivisions (a) and
(b) of rule 1.710 and subdivisions (b) and (c) of rule 1.730. This rule
compliments Florida Family Law Rule of Procedure 12.740 by
providing direction regarding various procedures to be followed in
family law mediation proceedings.