RULE 9.720. MEDIATION PROCEDURES

(a) Appearance. If a party to mediation is a public entity
required to conduct its business pursuant to chapter 286, Florida
Statutes, that party is deemed to appear at a mediation conference
by the presence of a representative with full authority to negotiate
on behalf of the entity and to recommend settlement to the
appropriate decision-making body of the entity. Otherwise, a party
is deemed to appear at a mediation conference by the presence of
the following persons:

(1) the party or its representative having full authority
to settle without further consultation;
(2) the party’s trial or appellate counsel of record, if
any. If a party has more than 1 counsel, the appearance of only 1
counsel is required; and

(3) a representative of the insurance carrier for any
insured party who is not such carrier’s outside counsel and who
has full authority to settle without further consultation.

As used in this subdivision, the term “presence” means physical
presence at the mediation conference or participation using
communication technology if authorized under rule 9.700(b).

(b) Sanctions. If a party fails to appear at a duly noticed
mediation conference without good cause, the court, upon motion of
a party or upon its own motion, may impose sanctions, including,
but not limited to, any or all of the following, against the party
failing to appear:

(1) an award of mediator and attorneys’ fees and other
costs or monetary sanctions;

(2) the striking of briefs;

(3) elimination of oral argument; or

(4) dismissal or summary affirmance.

(c) Scheduling and Adjournments. Consistent with the
time frames established in rule 9.700(c) and after consulting with
the parties, the mediator shall set the initial conference date. The
mediator may adjourn the mediation conference at any time and
may set times for reconvening the adjourned conference. The
mediator shall notify the parties in writing of the date, time, and
place of any mediation conference, except no further notification is
required for parties present at an adjourned mediation conference.

(d) Control of Procedures. The mediator shall at all times
be in control of the procedures to be followed in the mediation.
(e) Communication with Parties. The mediator may meet
and consult privately with any party or parties or their counsel.
Counsel shall be permitted to communicate privately with their
clients.

(f) Party Representative Having Full Authority to Settle.
Except as provided in subdivision (a) as to public entities, a “party
or its representative having full authority to settle” shall mean the
final decision maker with respect to all issues presented by the case
who has the legal capacity to execute a binding settlement
agreement on behalf of the party. Nothing herein shall be deemed to
require any party or party representative who appears at a
mediation conference in compliance with this rule to enter into a
settlement agreement.

(g) Certificate of Authority. Unless otherwise stipulated by
the parties, each party, 10 days prior to appearing at a mediation
conference, must file with the court and serve upon all parties a
written notice identifying the person or persons who will appear at
the mediation conference as a party representative or as an
insurance carrier representative, and confirming that those persons
have the authority required by this rule.

Committee Note

2014 Amendment. The amendment adding subdivisions (f)
and (g) is intended to make this rule consistent with the November
2011 amendments to Florida Rule of Civil Procedure 1.720.