IN RE: AMENDMENTS TO FLORIDA RULE FOR CERTIFIED AND COURT-APPOINTED MEDIATORS 10.140. (2021)

Supreme Court of Florida.2021-08-26No. No. SC21-29

Summary · law.co

Holding. The Court adopted the proposed new rule 10.140, granting the Committee on Alternative Dispute Resolution Rules and Policy authority to promulgate, adopt, and amend operating procedures regarding mediation training standards, continuing education requirements, certification and renewal procedures, and other implementation procedures.

The Florida Supreme Court adopted a new rule establishing the Committee on Alternative Dispute Resolution Rules and Policy's authority to develop and modify operating procedures for the state's mediation system. The new rule grants the Committee power to set training standards for mediation programs, establish continuing education requirements for certified mediators, create administrative processes for mediator certification and renewal, and implement other necessary procedural rules. The Committee had unanimously approved the proposal, and no public comments were submitted during the review period.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

Authority of the ADR Committee to establish mediation training and qualification standards
Procedures for certified mediator certification and renewal
Continuing education requirements for certified mediators
Rule-making authority delegated to the ADR Committee

Procedural posture

The Committee proposed amendments to the Florida Rules for Certified and Court-Appointed Mediators, the proposal was published for public comment with none received, and the Court considered whether to adopt the proposed rule.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion · public domain

The Supreme Court Committee on Alternative Dispute Resolution Rules and Policy (Committee) proposes amending the Florida Rules for Certified and Court-Appointed Mediators by creating new rule 10.140 (Operating Procedures and Authority).

We have jurisdiction

and adopt the new rule as proposed.

The Committee voted unanimously to approve proposed new rule 10.140. After the Committee filed the proposed new rule with the Court, the Court published the proposal for comment. However, no comments were received.

New rule 10.140 will authorize the Committee to promulgate, adopt, and amend operating procedures regarding training standards and procedures for certified mediation training programs, requirements for continuing mediator education for certified mediators, administrative procedures governing the certification and renewal of mediators, and any other procedures necessary to implement the rules. Accordingly, the Florida Rules for Certified and Court-Appointed Mediators are amended as reflected in the appendix to this opinion. New language is indicated by underscoring. The amendments shall take effect immediately upon the release of this opinion.

It is so ordered.

APPENDIX

Florida Rules for Certified and Court-Appointed Mediators

PART I. MEDIATOR QUALIFICATIONS

RULE 10.140. OPERATING PROCEDURES AND AUTHORITY

The Committee on Alternative Dispute Resolution Rules and Policy shall have authority to promulgate, adopt, and amend operating procedures regarding:

(a) training standards and procedures for certified mediation training programs;

(b) requirements for continuing mediator education for certified mediators;

(d) any other procedures necessary to implement these rules.

FOOTNOTES

. The Committee proposes the amendments pursuant to In re Committee on Alternative Dispute Resolution Rules and Policy – Responsibilities, Membership and Appointments, Fla. Admin. Order No. AOSC20-59 (June 29, 2020), which directs the Committee to “[m]onitor court rules governing alternative dispute resolution procedures and recommend to the Court necessary amendments.” 2

. See art. V, § 2(a), Fla. Const.; § 44.106, Fla. Stat. (2020).

PER CURIAM.

CANADY, C.J., and POLSTON, LABARGA, LAWSON, MUÑIZ, COURIEL, and GROSSHANS, JJ., concur.