MEAC意见-建议意见或信息

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2018-002

A mediator shall maintain impartiality throughout the mediation process.  Impartiality means freedom from favoritism or bias in word, action or appearance and includes a commitment to assist all parties, 而不是任何一个人.

规则10.330(a), 10.370(a)和(c)，以及10.420(b), Florida Rules for Certified and Court-Appointed Mediators

MQAP 1995 - 002

2017-011

Consistent with MEAC意见2013-006和2010-004 and rule 10.220, Florida Rules for Certified and Court-Appointed Mediators, one of the roles of the mediator is to assist the parties in the identification of issues.

部分44.1011(2)和44.佛罗里达州法规第403(4)条

规则10.220, 10.310, 10.330, 10.370, Florida Rules for Certified and Court-Appointed Mediators

MEAC意见2013-006和2010-004

2017-001

A mediator may not refer a party to a specific lawyer or not-for-profit advocacy group when contacted by the party after a mediation.  Such a referral would be inconsistent with the mediator’s duty to maintain impartiality throughout the mediation process. 

规则10.330(a), 10.370(b)和10.620, Florida Rules for Certified and Court-Appointed Mediators

2010-006

     Answer to Question One:  A mediator may discuss and “explore settlement alternatives” with the parties as long as the activities by which the mediator does so is consistent with the Rules for Certified and Court-Appointed Mediators.

     Answer to Question Two:  The answer to question one above does depend on whether the mediator was in caucus with the parties.

规则10.220, 10.310, 10.330, 10.370, 10.370(c)

2009-007

Consistent with the standards of impartiality and preserving party self-determination, a mediator may provide information that the mediator is qualified by training or experience to provide.  If the mediator’s explanation of a judgment is consistent with Rule 10.370(a)，那么调解员可以提供该信息.  

规则10.220, 10.310(a), 10.330(a), 10.420(b)(3), 10.370(a)-(c)和10.410

2008-004

While the MEAC is unable to state that the described impasse avoidance techniques are per se ethical, it acknowledges that the techniques may at times be ethically utilized by a mediator.  Any mediator choosing to proceed with either approach must do so only after first considering the various limiting provisions in the rules and the totality of the circumstances. 

规则10.210, 10.220, 10.310(a), 10.330(a), 10.370(a)和(c).420(b)

委员会对规则10的说明.370

2008-002

Although the rules do not explicitly contain a prohibition against asking the question you pose, 调解员不应从事这种行为. A representative of a credit card company overhearing a mediator telling an opposing party to contact a member of Congress regarding interest rates may have some (legitimate) concerns regarding the mediator’s impartiality in the mediation which just concluded.  These concerns would also extend to any subsequent mediations that the mediator may conduct with that representative.

规则10.330, 10.340(a)，委员会注意到规则10.330

2006-006

调解员有义务告知当事人有关的情况 正确的 寻求咨询, if the mediator believes that the party does not understand or appreciate how an agreement may adversely affect the party’s legal 正确的s or obligations, but is prohibited from giving "a personal or professional opinion intended to coerce the parties, 不恰当地影响当事人, 解决争议, 或者直接解决任何问题."

规则10.330, 10.310(a)和10.370

2003-011

All of the Standards of Professional Conduct for Mediators found in Part II, Florida Rules for Certified and Court-Appointed Mediators, are applicable to all types of certified and court-appointed mediators.  There is no exception for county mediators in relation to the provision prohibiting mediators from predicting how the court will decide a case.

规则10.200, 10.310. 10.330和10.370(c)

2003-002

A certified mediator does not have an ethical obligation to 建议 a party without an attorney in a family mediation where an agreement in signed to take the signed agreement to an attorney.

规则10.310(a), 10.330(a), 10.370(b), 10.410和10.520

Kalof v. 卡洛夫，佛罗里达州28岁. L. 每周D678(佛罗里达州. (2003年3月12日)

2001-003

Assisting pro se litigants with filling out forms approved by the 佛罗里达州最高法院 after a mediated settlement agreement is not a per se violation of the mediation rules; however, caution should be exercised to ensure compliance with mediation rules and other professions’ standards of conduct.

MEAC 2000 - 009

2000-009

Assisting pro se litigants with filling out forms approved by the 佛罗里达州最高法院 after a mediated settlement agreement is not a per se violation of the mediation rules; however, caution should be exercised to ensure compliance with mediation rules and other professions’ standards of conduct.

规则10.330(c), 10.370, 10.380(c)和10.650

第86-8号意见，联邦律师协会道德意见

规则10 - 2.1、佛罗里达州律师协会规则

96-003

A mediator may not inform a party of a “正确的 to make a claim” for loss of consortium. 调解员不得询问为什么没有提出索赔, but should determine competency of the party to enter into negotiations and proceed without counsel.

规则10.310(a) - (b), 10.340(d), 10.370(a) - (b), 10.420(b)

Note: Changes to the rules in 2000 may impact this opinion. 

95-005

A mediator who is informed in caucus of hidden assets should withdraw from the mediation unless disclosure is made. 如果一方“错过”诉讼理由, a mediator is precluded from giving legal advice to point this out.  The ethical rules apply to non-certified mediators who mediate court-ordered cases.    

规则10.200, 10.310(c), 10.330, 10.360(b), 10.370(a) - (b), 10.420(b)

Note: Changes to the rules in 2000 may impact this opinion. 

95-002

It is improper for a mediator to provide legal advice even if framed as a question. Information on interest rates fall into the category of advice on legal options. 

规则10.220, 10.230, 10.310(b), 10.330, 10.370(a) - (b)

Note: Changes to the rules in 2000 may impact this opinion.