Rule 61B-25.001. Mediation Definitions

For purposes of Sections 718.501(1)(m) and 719.501(1)(n), F.S., the following definitions shall apply:

(1) “Mediation” means a process whereby a neutral third person acts to encourage and facilitate the resolution of a dispute between two or more parties. It is an informal and nonadversarial process with the objective of helping the disputing parties reach a mutually acceptable and voluntary agreement. In mediation, decision making authority rests with the parties. The role of the mediator includes, for example, assisting the parties in identifying issues, fostering joint problem-solving, and exploring settlement alternatives.

(2) The phrase “mediated a dispute” means that the person as neutral third party assisted parties to a dispute with the goal of reaching a mutually acceptable and voluntary agreement through mediation as described in subsection (1) of this rule. The following shall not be considered as having “mediated a dispute”:

(a) Having served as counsel or adviser to a party to a mediation;

(b) Having been a party to a mediation; or

(c) Having participated in mediation as part of training or mentoring. Rulemaking Authority 718.501, 719.501 FS. Law Implemented 718.501(1)(m), 719.501(1)(n) FS. History–New 3-18-93, Formerly 7D-25.001, Amended 12-2-97, 2-25-07.