Solomon Mediation and Arbitration

The Florida Supreme Court has adopted significant changes to rule 1.720 (Mediation Procedures), effective January 1, 2012.  In order for a party to be deemed as having appeared at mediation through the physical appearance of the party's representative, that representative must have "full authority to settle." Pursuant to the amended rule, such representative must be the "final decision maker with respect to all issues presented by the case who has the legal capacity to execute a binding settlement agreement on behalf of the party."  It is important to note that ten (10) days prior to appearing at mediation through its representative, the party must file a Certification of Authority, identifying the party representative and confirming that such individual has the full authority to settle as defined above.  Further, the court "shall" impose sanctions if a party fails to appear at a noticed mediation, and the failure to file a Certification of Authority shall create a rebuttable presumption of a failure to appear.
For the full rule change, click here.