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In re Report of the Alternative Dispute Resolution Rules and Policy Committee on Senior Judges as Mediators11/3/2005
ispute Resolution Rules and Policy for its hard work and dedication in submitting a thorough report that offers innovative recommendations designed to avoid the appearance of impropriety and safeguard against potential ethical violations resulting from dual service as a senior judge and a mediator. The Committee's work represents a substantial contribution to the improvement of the administration of justice in Florida.
While we believe that it is essential that we go forward with the Committee's recommended reforms, we caution that ultimately the success of these reforms and of all of our efforts to ensure the integrity of the justice system must be carried out in good faith by individual judges and mediators in order to allay any concerns of ethical impropriety. We are confident that our implementation of the Committee's recommendations and ongoing monitoring of the effectiveness of the new provisions will allow senior judges to continue to serve effectively and ethically as mediators in a manner that best serves Florida's justice system and avoids potential conflicts and ethical concerns. Florida is justly proud of its entire justice system, both in the courts and in our innovative efforts at alternative dispute resolution.
Accordingly, we hereby amend the Florida Rules of Civil Procedure, the Florida Rules of Judicial Administration, the Florida Rules of Juvenile Procedure, the Florida Rules for Certified and Court-Appointed Mediators, the Florida Family Law Rules of Procedure, and the Code of Judicial Conduct as reflected in the appendix to this opinion. New language is indicated by underscoring; deletions are indicated by struck-through type. Consistent with the Committee's recommendation, the amendments to Rule of Judicial Administration 2.150(b)(3) shall become effective November 3, 2007. The remainder of the amendments shall become effective January 1, 2006, at 12:01 a.m.
It is so ordered.
PARIENTE, C.J., and WELLS, LEWIS, QUINCE, CANTERO, and BELL, JJ., concur.
APPENDIX
Florida Rules of Civil Procedure Rule 1.720. Mediation Procedures
(a) - (e) [No change]
(f) Appointment of the Mediator.
(1) Within 10 days of the order of referral, the parties may agree upon a stipulation with the court designating:
(A) a certified mediator; or
(B) a mediator, other than a senior judge, who does not meet the certification requirements of these rules is not certified as a mediator but who, in the opinion of the parties and upon review by the presiding judge, is otherwise qualified by training or experience to mediate all or some of the issues in the particular case.
(2) - (3) [No change]
(g) [No change]
Florida Rules of Judicial Administration Rule 2.030 The Supreme Court
(a) Internal Government.
(1) -(2) [No change]
(3) Administration.
(A) - (C) [No Change]
(D) A "senior judge" is a retired judge who is eligible to serve serving on assignment to temporary judicial duty may be referred to as a "senior judge.". This designation is honorary and has no effect on the responsibilities or conduct of the retired judge.
(4) [No change]
(b) - (g) [No change]
Rule 2.150 Continuing Judicial Education
(a) [No change]
(b) Education Requirements.
(1) - (2) [No Change]
(3) Mediation Training. Prior to conducting any mediation, a senior judge shall have completed a minimum of one judicial education course offered by the Florida Court Education Council. The course shall sp
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