The Mediator Ethics Advisory Committee Opinion 2005-001 is available online. Here’s the summary:
The Homeowners’ Association [HOA] Program billing procedures do not present any per se ethical concerns related to fees, expenses, or impartiality for a Florida Supreme Court certified mediator who participates in this program so long as the fees and their allocation between the parties are disclosed in advance of the mediation to the parties or their counsel, and the parties are given the option of agreeing to that arrangement or negotiating a different one.
Remember, a mediator is required to give parties or their counsel a written explanation of fees and costs prior to mediation. Florida Rules for Certified and Court-Appointed Mediators, Rule 10.380(c) Fees and Expenses; Written Explanation.
Remember, too, that as with any other ethical matter, a mediator should decline to mediate if the mediator believes the facts and circumstances might impair the mediator’s ability to follow the ethical rules.
To email me, click Perry S. Itkin.
