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Mediation & arbitration Section
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settlement agreement resulting from mediation cannot be enforced absent the signatures of all parties .
The court noted that Florida Statutes Section 44.404 ( 1 )( a ) specifically provides : “ A court-ordered mediation begins when an order is issued by the court and ends when a partial or complete settlement agreement , intended to resolve the dispute and end the mediation , is signed by the parties and , if required by law , approved by the court .” The statute also provides that the mediation can end when the mediator declares an impasse .
In MEAC Opinion Number : 2022-002 , dated October 10 , 2022 , the Mediator Ethics Advisory Committee addressed the issue if , in the age of virtual mediations , the mediator could turn on the record feature of the virtual platform to memorialize the parties ’ ratification of the mediation settlement agreement and then the mediator would sign the settlement agreement for the parties . MEAC again noted Section 44.404 stating that the mediation settlement agreement must be signed by the parties . Allowing the mediator to sign on behalf of the parties creates a potential conflict of interest , especially if one of the parties contests the authority given to the mediator to sign and the mediator is later put in a position of having to testify against that party , creating a clear conflict of interest .
MEAC notes that the agreement must be reduced to writing and suggests that a “ different option ” would be to send the mediation settlement agreement to the parties to sign by electronic signature . The Florida rules of procedure have been amended , effective October 1 , 2022 , to expressly allow agreements to be signed with signatures that are “ original , electronic , or facsimile .”
PRACTICE TIPS :
1 . Discuss with your mediator how the mediation settlement agreement is going to be prepared and how it is going to be signed .
2 . Make sure that the parties and their attorneys have signed the agreement so that it is enforceable . n
Author : Gerald T . Albrecht – Albrecht Mediation Services m a r - a p r 2 0 2 3 | H C B a L a W Y E r
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