Tuesday, December 13, 2005

MEAC Opinions 2005-002 and 2005-003 – Now Online!

MEAC Opinion 2005-002: A position as a judicial assistant does not automatically prohibit you from mediating, but you are still obligated not to mediate a matter that “presents a clear or undisclosed conflict of interest,” Rule 10.340(a). You are required to make this determination on a case by case basis.

MEAC Opinion 2005-003: The Mediator Ethics Advisory Committee lacks the jurisdiction to determine whether a mediation should be treated as a negotiation for purposes of sections 447.605(2) and 286.011(3), Florida Statutes. However, if a mediation falls within the scope of the Mediation and Confidentiality and Privilege Act, then all mediation participants are obligated to adhere to its provisions.

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