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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.

Decision January 1, 2010 Identifier MEAC Opinion 2010-012

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.
https://www.flcourts.gov/content/download/216886/file/MEACOpinion2010-012.pdf

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.

Reviewed by Wayne Lazarus on September 7, 2026. Reviewed for legal accuracy by Wayne Lazarus, a member of the Georgia and Florida Bars with more than 50 years of experience.

EDUCATIONAL SUMMARY FOR GENERAL INFORMATION — NOT LEGAL ADVICE.