Florida Supreme Court Mediator Ethics Advisory Committee (MEAC) / Florida

HOW MAY A MEDIATOR COLLECT AN UNPAID FEE?

The committee recognized the mediator’s right to compensation and to pursue lawful collection methods, while continuing to protect confidential mediation communications and comply with ethical business-practice requirements.

Decision May 8, 2018 Identifier MEAC Opinion 2017-020

Case at a glance

Court or authority: Mediator Ethics Advisory Committee, Florida Supreme Court
Authority status: Ethics or advisory opinion
Jurisdiction: Florida
Subject: Lawful fee collection after mediation while protecting confidential information.

MEAC Opinion 2017-020 — Florida Courts

Procedural posture and result

Advisory-opinion request concerning lawful fee collection after mediation while protecting confidential information. RESULT: The committee recognized the mediator’s right to compensation and to pursue lawful collection methods, while continuing to protect confidential mediation communications and comply with ethical business-practice requirements.

What happened and what the authority decided

A mediator asked what steps could be taken when a participant failed to pay the agreed mediation fee.

What this tells the mediator

The end of mediation does not end confidentiality. Collection letters, lawsuits, liens, or proofs of claim should reveal only information necessary to establish the fee obligation.

Practical guidance

Use a signed engagement agreement stating rates, allocation, and payment timing.
Keep invoices factual and free of negotiation substance.
Use proportional collection steps that do not exploit confidential information.
Redact exhibits before any public filing.
Seek legal guidance if proof of the debt could require disclosure of mediation communications.

Mediator takeaway

Collect the fee through ordinary lawful means without using confidential information as leverage.