07/04/2023
Honored to have had the opportunity to summarize a recent MEAC opinion in the Florida Bar Family Law Section’s monthly newsletter.
MEAC Opinion Number: 2021-005
By: Kelly B. St. Clair, Esq.
A Florida Circuit Certified Mediator requested an opinion on whether he could provide information obtained from a mediation to a judge in MEAC Opinion Number: 2021-005 issued June 29, 2021.
Facts as presented: The mediator, certified in Florida, was selected to mediate a dispute filed in Michigan. The mediation took place in Florida with some participants appearing via Zoom from Michigan and locations outside the U.S. After the mediation concluded, a post mediation status conference was held in Michigan. The Federal Judge presiding over the matter stated that, “the parties gave irreconcilably different accounts of what occurred at the mediation. Defense counsel stated that the Plaintiff refused to make any demand and the Defendants were therefore unable to make any counteroffer; Plaintiff’s counsel represented it made a demand, but Defendant refused to make any counteroffers in response.” The Court then contacted the mediator in order to determine what had actually occurred. The mediator refused to provide the information on the basis of the mediation privilege, and the Court then ordered him to “answer the question of whether Plaintiff made a demand and whether the Defendants made any counteroffer during the mediation, but that [he] need not disclose any specific statements of the parties or the substance of their positions.”
Opinion: While this was not a Florida case and therefore outside the jurisdiction of the MEAC, it reaffirmed prior positions taken in MQAP Opinions 96-005 and 99-012. A mediator is not to testify voluntarily about information obtained during mediation unless the parties waive confidentiality regarding the issue, or the statements fall within the exceptions/exemptions of Florida Statutes 44.405. If the Court orders the disclosure, the mediator should seek a protective order and advise the Court that they are required by statute to maintain the confidentiality. If the Court further orders the testimony, MEAC opined that the mediator should follow the Court Order.
MEAC Opinions are there too assist, mediators and complying with the appropriate ethical standards. If you have any mediation needs in the family law area I’d be happy to assist.  I am a Florida Supreme Court certified family mediator, have a very reasonable rates and can get your mediation scheduled promptly. 
I am also a Parenting coordinator (qualified in Florida’s fourth, fifth, seventh, ninth, 10th and 18th judicial districts) and a Florida guardian ad litem. [email protected]
