Florida Appellate Rule 9.730
RULE 9.730. APPOINTMENT AND COMPENSATION OF THE
MEDIATOR
(a) Appointment by Agreement. Within 10 days of the
court order of referral, the parties may file a stipulation with the
court designating a mediator certified as an appellate mediator
pursuant to rule 10.100(f), Florida Rules for Certified and Court-
Appointed Mediators. Unless otherwise agreed to by the parties, the
mediator shall be licensed to practice law in any United States
jurisdiction.
(b) Appointment by Court. If the parties cannot agree upon
a mediator within 10 days of the order of referral, the appellant
shall notify the court immediately and the court shall appoint a
certified appellate mediator selected by such procedure as is
designated by administrative order. The court shall appoint a
certified appellate mediator who is licensed to practice law in any
United States jurisdiction, unless otherwise requested upon
agreement of the parties.
(c) Disqualification of Mediator. Any party may move to
enter an order disqualifying a mediator for good cause. Such a
motion to disqualify shall be filed within a reasonable time, not to
exceed 10 days after discovery of the facts constituting the grounds
for the motion, and shall be promptly presented to the court for an
immediate ruling. If the court rules that a mediator is disqualified
from a case, an order shall be entered setting forth the name of a
qualified replacement. The time for mediation shall be tolled during
any periods in which a motion to disqualify is pending.
(d) Substitute Mediator. If a mediator agreed upon by the
parties or appointed by the court cannot serve, a substitute
mediator may be agreed upon or appointed in the same manner as
the original mediator.
(e) Compensation of a Court-Selected Mediator. If the
court selects the mediator pursuant to subdivision (b), the mediator
shall be compensated at the hourly rate set by the court in the
referral order or applicable administrative order. Unless otherwise
agreed, the compensation of the mediator should be prorated
among the named parties.
Committee Notes
This rule is not intended to limit the parties from exercising
self-determination in the selection of any appropriate form of
alternative dispute resolution or to deny the right of the parties to
select a neutral. The rule does not prohibit parties from selecting an
otherwise qualified non-certified appellate mediator prior to the
court’s order of referral. Parties may pursue settlement with a non-
certified appellate mediator even within the ten-day period following
the referral. However, once parties agree on a certified appellate
mediator, or notify the court of their inability to do so, the parties
can satisfy the court’s referral to mediation pursuant to these rules
only by appearing at a mediation conducted by a supreme court
certified appellate mediator.
MEDIATOR
(a) Appointment by Agreement. Within 10 days of the
court order of referral, the parties may file a stipulation with the
court designating a mediator certified as an appellate mediator
pursuant to rule 10.100(f), Florida Rules for Certified and Court-
Appointed Mediators. Unless otherwise agreed to by the parties, the
mediator shall be licensed to practice law in any United States
jurisdiction.
(b) Appointment by Court. If the parties cannot agree upon
a mediator within 10 days of the order of referral, the appellant
shall notify the court immediately and the court shall appoint a
certified appellate mediator selected by such procedure as is
designated by administrative order. The court shall appoint a
certified appellate mediator who is licensed to practice law in any
United States jurisdiction, unless otherwise requested upon
agreement of the parties.
(c) Disqualification of Mediator. Any party may move to
enter an order disqualifying a mediator for good cause. Such a
motion to disqualify shall be filed within a reasonable time, not to
exceed 10 days after discovery of the facts constituting the grounds
for the motion, and shall be promptly presented to the court for an
immediate ruling. If the court rules that a mediator is disqualified
from a case, an order shall be entered setting forth the name of a
qualified replacement. The time for mediation shall be tolled during
any periods in which a motion to disqualify is pending.
(d) Substitute Mediator. If a mediator agreed upon by the
parties or appointed by the court cannot serve, a substitute
mediator may be agreed upon or appointed in the same manner as
the original mediator.
(e) Compensation of a Court-Selected Mediator. If the
court selects the mediator pursuant to subdivision (b), the mediator
shall be compensated at the hourly rate set by the court in the
referral order or applicable administrative order. Unless otherwise
agreed, the compensation of the mediator should be prorated
among the named parties.
Committee Notes
This rule is not intended to limit the parties from exercising
self-determination in the selection of any appropriate form of
alternative dispute resolution or to deny the right of the parties to
select a neutral. The rule does not prohibit parties from selecting an
otherwise qualified non-certified appellate mediator prior to the
court’s order of referral. Parties may pursue settlement with a non-
certified appellate mediator even within the ten-day period following
the referral. However, once parties agree on a certified appellate
mediator, or notify the court of their inability to do so, the parties
can satisfy the court’s referral to mediation pursuant to these rules
only by appearing at a mediation conducted by a supreme court
certified appellate mediator.