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The Florida Supreme Court, upon the recommendation of its Committee on Alternative Dispute Resolution Rules and Policy, has amended its Rules of Civil Procedure to remove the Bar membership requirement for court appointed mediators.
In In re Petition of Alternative Dispute Resolution Rules and Policy Committee on Amendments to Florida Rules for Certified and Court-Appointed Mediators, No. SC05-998, 2007 WL 3376904 (Fla. Nov. 15, 2007), the Florida Supreme Court considered amendments to the Florida Rules of Civil Procedure proposed by its Committee on Alternative Dispute Resolution Rules and Policy (ADR Committee) that would eliminate Florida Bar membership as a prerequisite for serving as a court appointed mediator.
The Supreme Court was concerned with dropping the Bar membership requirement, and initially stayed the revision of the ADR rules until the Florida Bar could comment on the proposed changes. After receiving comments from the Bar and from ADR practitioners, the Supreme Court adopted the ADR Committee's recommendation and removed the Bar membership requirement from former FLA. R. CIV. P. 10.100(c).
In removing the Bar membership requirement, the Supreme Court reiterated its prior finding that "possession of academic degrees, including law degrees, does not necessarily predict an individuals [sic] ability to be a good mediator." It was also persuaded by the fact that Florida was in a clear minority of states that required Bar membership for court appointed mediators, and acknowledged that Florida's interests in staying at the forefront of ADR practice led them to join the majority in dropping the Bar membership requirement.
However, the Court recognized that "there may be situations in which a party to a circuit court mediation may object to the appointment of a mediator who lacks legal training," and amended FLA. R. CIV. P. 1.720(f)(2), to require "courts to appoint a certified circuit court mediator who is a member of The Florida Bar upon the request of either party."
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