What If Two Sets of Mediation Rules Conflict?

Procedural posture and result

Advisory-opinion request concerning which standards apply when a Florida Supreme Court-certified mediator is also subject to conflicting rules imposed by another jurisdiction, court, professional authority, or ADR provider. The committee addressed the mediator’s disclosure obligations, the parties’ role in selecting a lawful procedure, and when the mediator must decline or withdraw.

What happened and what the authority decided

A Florida Supreme Court-certified mediator asked how to proceed when mediating matters involving multiple jurisdictions or ADR-provider rules that directly conflict with the Florida Rules for Certified and Court-Appointed Mediators.

The Mediator Ethics Advisory Committee explained that Florida-certified and Florida court-appointed mediators remain subject to Florida’s mediator standards whether they are handling pre-suit matters, cases in another state, federal matters, administrative cases, or proceedings in other venues.

When another applicable authority creates a potential conflict, the mediator should identify and disclose that conflict as soon as practicable so the parties can exercise informed self-determination. The committee noted that advance disclosure in an engagement letter or mediation agreement may give the parties an opportunity to consider a waiver or another mutually acceptable procedure.

The mediator may present lawful options but may not impose a particular procedure on the parties. If the conflicting authorities cannot be harmonized or resolved consensually, or if another applicable authority would require the mediator to violate Florida’s Standards of Professional Conduct, the mediator must decline or withdraw from the appointment.

What this tells the mediator

A mediator should not silently choose between conflicting authorities. Potential conflicts should be identified early, disclosed to the parties, and addressed through informed self-determination where the applicable rules permit. The parties cannot authorize a Florida-certified mediator to violate mandatory professional-conduct standards.

Practical guidance

• Identify potentially applicable rules during intake, not during the session.
• Disclose conflicts of authority in the engagement letter when practicable.
• Explain procedural options without favoring an outcome.
• Document the parties’ informed agreement on a lawful procedure.
• Decline or withdraw if compliance would require an ethical violation.