Mediation Services

Brooks RathetAttorney Rathet is certified by the Supreme Court of Florida as a civil circuit mediator. He provides full service mediation services as part of the firm's alternative dispute resolution practice. The goals of the mediation practice are to empower parties through a confidential procedure to resolve issues at an earlier, less formal less expensive environment than further litigation and trial. The firm will travel throughout Northern Florida and will be responsible for procuring agreement to mediate from all parties, coordinating all scheduling, providing all notices for the mediation and making follow-up contacts with attorneys, adjusters and judges when necessary.

 Florida Rules and Statutes applicable to mediations

Rules of Procedure:

Rules of Mediators:

Statutes:

Brooks Rathet is a co-author of “Ethics within the Mediation Process”, Mattox Hair, Sharon Press & Brooks Rathet, AAA Handbook on Mediation (2nd Ed.), Thomas E. Carbonneau and Jeanette A. Jaeggi, Editors (Juris Publishing).

Mediation Rule Update:

Please note that the Florida Rules of Civil Procedure 1.720 requires parties to physically appear at a mediation conference with the attorney of record. The insurance company must now send a representative who has the "full authority to settle" and is the "final decisions maker". If the party is a public corporation the party needs to send a representative to the mediation who can act on behalf of the corporation and settle the claim.

Now, parties are required to file with the Court 10 days before the mediation a "Certification of Authority" indicating who will appear at the mediation conference identifying the person or persons with the authority to resolve the claim. Failure to appear at a duly noticed mediation will result in sanctions. The Court will have the ability to sanction a party by imposing attorneys fees, costs and mediation costs for failure to send a person who has actual authority to resolve the case.

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