IN RE: AMENDMENTS TO FLORIDA RULE FOR CERTIFIED AND COURT-APPOINTED MEDIATORS 10.140

Fla. | 2021-08-26
No. SC21-29
Florida Supreme Court (2021)

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Synopsis

The Florida Supreme Court adopted a new Rule 10.140 establishing the authority of the Supreme Court Committee on Alternative Dispute Resolution Rules and Policy to promulgate operating procedures governing mediator training, certification, continuing education, and related administrative matters.


Holding

Yes. The Court adopted the new Rule 10.140 as proposed, effective immediately, granting the Committee explicit authority to promulgate, adopt, and amend operating procedures governing training standards, continuing education requirements, certification and renewal procedures, and any other procedures necessary to implement the mediator rules.


Headnotes

[1] The Supreme Court has jurisdiction to amend rules governing certified and court-appointed mediators.

[2] The Supreme Court Committee on Alternative Dispute Resolution Rules and Policy is authorized to promulgate, adopt, and amend operating procedures for certified mediation…

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Key Quotes

“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; (c) administrative procedures governing the certification and renewal of mediators; and (d) any other procedures necessary to implement these rules.”

Sets forth the full scope of the Committee's delegated authority under the new rule

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Facts & Procedural History

The Committee on Alternative Dispute Resolution Rules and Policy, pursuant to Administrative Order AOSC20-59, proposed amendments to the Florida Rules…

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Opinion of the Court

PER CURIAM.

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). 1 We have jurisdiction 2 and adopt the new rule as proposed.

1. 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).

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.

CANADY, C.J., and POLSTON, LABARGA, LAWSON, MUÑIZ, COURIEL, and GROSSHANS, JJ., concur. THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER

THE EFFECTIVE DATE OF THIS AMENDMENT.

-2-Original Proceeding – Florida Rules for Certified and Court-Appointed Mediators Judge Michael S. Orfinger, Chair, Committee on Alternative Dispute Resolution Rules and Policy, Daytona Beach, Florida; and Juan R. Collins, Senior Attorney, Dispute Resolution Center, Tallahassee, Florida, for Petitioner -3-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;

(c) administrative procedures governing the certification and renewal of mediators; and (d) any other procedures necessary to implement these rules. -4-


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