Florida Supreme Court Mediator Ethics Advisory Committee (MEAC) / Florida
WHAT SHOULD A MEDIATOR DO WHEN A COURT PROGRAM DEMANDS TOO MUCH DISCLOSURE?
The committee explained that mediators are accountable to the referring court but must interact consistently with ethical standards. Authorized administrative facts could be reported, while prohibited commentary could not. If a court program requires an ethical violation, the mediator must decline.
Case at a glance
- Court or authority
- Mediator Ethics Advisory Committee, Florida Supreme Court
- Authority status
- Ethics or advisory opinion
- Jurisdiction
- Florida
- Subject
- Responding when a court program’s report form or order appears inconsistent with mediator ethics and confidentiality.
Procedural posture and result
Advisory-opinion request concerning responding when a court program’s report form or order appears inconsistent with mediator ethics and confidentiality. RESULT: The committee explained that mediators are accountable to the referring court but must interact consistently with ethical standards. Authorized administrative facts could be reported, while prohibited commentary could not. If a court program requires an ethical violation, the mediator must decline.
What happened and what the authority decided
A foreclosure mediator confronted detailed reporting requirements concerning attendance, temporary agreements, reasons for cancellation, payment, and other matters that could exceed ordinary reporting limits.
The committee explained that mediators are accountable to the referring court but must interact consistently with ethical standards. Authorized administrative facts could be reported, while prohibited commentary could not. If a court program requires an ethical violation, the mediator must decline.
What this tells the mediator
Court appointment does not erase mediator ethics. The neutral must separate authorized administrative information from confidential mediation communications.
Practical guidance
- Compare the court order and report form with current statutes, rules, and ethics standards.
- Seek clarification before the mediation when requirements appear inconsistent.
- Report only information expressly authorized by law or valid party consent.
- Do not disguise confidential information through labels such as 'plan of action.'
- Decline the appointment if the conflict cannot be resolved ethically.
Mediator takeaway
Accountability to the court must be carried out without surrendering confidentiality or professional standards.