Florida Rule of Civil Procedure 1.730(b), Florida Family Law Rule of Procedure 12.740(f), and Florida Rule of Juvenile Procedure 8.290(o) all require that any mediated agreement be reduced to writing. Mediators have obligations to:
- ensure that these Rules are complied with [Florida Rules for Certified and Court-Appointed Mediators 10.520 Compliance with Authority];
- cause the terms of any agreement reached to be memorialized appropriately [Florida Rules for Certified and Court-Appointed Mediators Rule 10.420 (c) Closure]; and
- discuss with the parties and counsel the process for formalization and implementation of the agreement [Florida Rules for Certified and Court-Appointed Mediators Rule 10.420 (c) Closure].
Although not a mediation case per se, Swartsel v. Publix Supermarkets, Inc., 882 So. 2d 449 [Fla. 4th DCA 2004] contains some wonderful guidance for drafting clauses covering the concept used in some mediation agreements pertaining to the creation and execution of a “confidential settlement agreement” and general release. The “Devil is in the Details”. Oh, this case will also answer the question posed above.
Perry S. Itkin
