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

HOW MUCH TIME MUST A MEDIATOR ALLOW FOR MEANINGFUL PARTICIPATION?

The opinion cautioned that mediation must be scheduled to provide adequate time for self-determination. No fixed number of hours fits every case; participants should have the option to adjourn and reconvene. Form assistance must use information supplied by the party.

Decision January 1, 2017 Identifier MEAC Opinion 2017-003

Case at a glance

Court or authority: Mediator Ethics Advisory Committee, Florida Supreme Court
Authority status: Ethics or advisory opinion
Jurisdiction: Florida
Subject: Scheduling enough time for informed decision-making and offering continuation when needed.

MEAC Opinion 2017-003 — Florida Courts

Procedural posture and result

Advisory-opinion request concerning scheduling enough time for informed decision-making and offering continuation when needed. RESULT: The opinion cautioned that mediation must be scheduled to provide adequate time for self-determination. No fixed number of hours fits every case; participants should have the option to adjourn and reconvene. Form assistance must use information supplied by the party.

What happened and what the authority decided

The committee examined tightly scheduled mediations and questions from self-represented parties seeking help with court-approved forms.

What this tells the mediator

A calendar can become coercive when parties believe they must settle before the time slot expires. Time management is part of safeguarding the process.

Practical guidance

Estimate time based on complexity, number of parties, and emotional intensity.
Avoid back-to-back scheduling that makes continuation unrealistic.
Tell participants at the outset that adjournment is available.
Do not use the approaching end time as settlement pressure.
Document any mutually chosen continuation date and interim steps.

Mediator takeaway

Adequate time is a condition of genuine self-determination, not a scheduling luxury.