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

MAY A MEDIATOR WAIVE THE FEE FOR ONLY ONE DISSATISFIED PARTY?

The committee distinguished waiving fees for everyone from favoring one participant. Selective waiver based on one party’s dissatisfaction was inconsistent with impartiality; a uniform waiver was permissible when not contingent on settlement outcome.

Decision September 29, 2017 Identifier MEAC Opinion 2017-005

Case at a glance

Court or authority: Mediator Ethics Advisory Committee, Florida Supreme Court
Authority status: Court decision
Jurisdiction: Florida
Subject: Whether different fee treatment for dissatisfied participants compromises neutrality.

MEAC Opinion 2017-005 — Florida Courts

Procedural posture and result

Advisory-opinion request concerning whether different fee treatment for dissatisfied participants compromises neutrality. RESULT: The committee distinguished waiving fees for everyone from favoring one participant. Selective waiver based on one party’s dissatisfaction was inconsistent with impartiality; a uniform waiver was permissible when not contingent on settlement outcome.

What happened and what the authority decided

A mediator considered waiving the fee for a party dissatisfied with the mediation while continuing to charge the other party.

What this tells the mediator

Business decisions can communicate favoritism as clearly as words during a session. Neutrality applies to billing practices as well as facilitation.

Practical guidance

Apply fee policies consistently to similarly situated parties.
Do not tie compensation to settlement or a particular outcome.
Avoid negotiating a private refund with only one side.
Use a written complaint and refund policy disclosed in advance.
If adjusting fees, evaluate whether the same treatment should extend to all parties.

Mediator takeaway

A mediator’s billing response must not reward, punish, or favor one side.