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Florida Supreme Court Opens the Door for Non-Attorney Mediators
This 2007 shift has several important implications, not only for Florida mediators, but for Floridians who find themselves participating in mediation as well. Firestone notes that by allowing non-lawyers eligibility for mediator certification, ethnic and cultural diversity will increase within Florida’s mediator pool. Also, mediation parties will be empowered to select their own mediator. The result of increased mediator diversity and the parties’ power to choose a mediator: enhanced party self-determination, a vital element of mediation. Florida’s Supreme Court decision to allow non-attorney mediators eligibility for certification is consistent with the Uniform Mediation Act Provision 9(f) which states, “This [Act] does not require that a mediator have a special qualification by background or profession.” The decision is also consistent with the American Bar Association Section of Dispute Resolution’s adoption of the Resolution on Mediation and the Unauthorized Practice of Law in 2002. The resolution states, “Mediation is a process in which an impartial individual assists the parties in reaching a voluntary settlement. Such assistance does not constitute the practice of law. The parties to the mediation are not represented by the mediator.” While many rejoice over Florida's Supreme Court decision, the Florida Bar voiced concerns about removing the attorney requirement. To address these concerns, the Florida Supreme Court created a new rule which states, “At the request of either party, the court shall appoint a certified circuit court mediator who is a member of the Florida Bar” (See Florida Rules of Civil Procedure 1.720(f)(2)). This historical step taken by the Florida Supreme Court opens the door for non-attorney mediators in Florida and sets an important standard for credentialing mediators world-wide.
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According to Gregory Firestone’s article, Florida Supreme Court Leads the Way…, in the Spring 2008 issue of ACResolution, the Florida Supreme Court recently lifted the requirement that a certified mediator in the state of Florida be an attorney. 