Florida Supreme Court Mediator Ethics Advisory Committee (MEAC) / Florida
How Far May a Mediator Go in Helping Self-Represented Parties?
Florida’s Mediator Ethics Advisory Committee concluded that a mediator may assist self-represented parties with completing Florida Supreme Court-approved forms when the information comes from the parties and the assistance remains directly related to the mediation process. The mediator may not draft pleadings, act as a party’s advocate, or file forms on a party’s behalf except as specifically permitted by court rules.
Case at a glance
- Court or authority
- Mediator Ethics Advisory Committee, Florida Supreme Court
- Authority status
- Ethics or advisory opinion
- Jurisdiction
- Florida
- Subject
- Assistance to self-represented parties; approved court forms; dual roles; legal-advice boundaries; mediator impartiality.
Procedural posture and result
Advisory-opinion request addressing whether a mediator may provide additional services to self-represented parties, including assistance completing Florida Supreme Court-approved forms, and how those services interact with restrictions on dual roles and services unrelated to the mediation process.
What happened and what the authority decided
A Florida-certified mediator asked whether mediation could be combined with other professional services and, specifically, whether a mediator could assist self-represented divorce parties with completing Florida Supreme Court-approved forms.
The Mediator Ethics Advisory Committee concluded that mediation generally may not be packaged with services that are unrelated to the mediation process, because doing so may create a conflict of interest or compromise the mediator’s impartiality.
The committee distinguished assistance with Florida Supreme Court-approved forms. A mediator may assist self-represented parties in completing those forms because that assistance can be directly related to the mediation process. However, the information used to complete the forms must come from the parties rather than from the mediator.
The mediator may not draft pleadings for the parties or file forms on their behalf. Filing pleadings or appearing at a final hearing on behalf of a party may constitute legal practice. MEAC noted a limited distinction: with the parties’ consent, a mediator may use the mediator’s e-filing account to file a signed mediated agreement and related documents when permitted by court rules.
The opinion also advises mediators to disclose any fees for form-completion assistance before mediation and to possess the knowledge or experience necessary to complete the authorized forms.
What this tells the mediator
Helping self-represented parties understand and complete authorized procedural forms is different from representing them. Mediators should ensure that the parties supply the substantive information and make their own decisions while the mediator remains neutral and avoids drafting pleadings, selecting legal positions, or acting as an advocate.
Practical guidance
- Explain the difference between legal information and legal advice.
- Use only authorized forms and information supplied by the parties.
- Disclose fees for form assistance before mediation begins.
- Do not draft pleadings or advocate for either party.
- Recommend independent legal advice when rights or consequences are unclear.
Mediator takeaway
Process assistance is permissible only while neutrality and party decision-making remain protected.