Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60Q - Division of Administrative Hearings › Chapter 60Q-6 - RULES OF PROCEDURE FOR WORKERS' COMPENSATION ADJUDICATIONS › Section 60Q-6.110 - MEDIATION, GENERALLY

Current through Reg. 50, No. 138; July 16, 2024
(1) All petitions
				and claims pending at the time a mediation conference is held are deemed
				consolidated and shall be mediated at that conference.
(2) Parties who have agreed to private
				mediation or to re-schedule private mediation shall file with the judge at
				least 30 days prior to any scheduled mediation a notice substituting private
				mediation for state mediation or re-scheduling private mediation. If such
				notice is filed less than 30 days prior, it shall be treated as a motion, and
				attendance and participation at the scheduled state mediation shall not be
				excused, absent an order finding good cause to excuse this time requirement.
				The notice shall include the name of the private mediator, along with the date
				and time of the private mediation and shall state that the private mediation
				meets the statutory deadline, unless the deadline is waived by all parties.
(a) The Deputy Chief Judge shall assign a
				mediator and mediation date for each petition filed. The state mediation
				conference may be rescheduled, within the 130-day statutory period, upon mutual
				request of the parties and agreement of the assigned mediator. The parties
				shall jointly review the mediator's calendar online to identify potential
				alternative dates and times before contacting the mediator with a request to
				reschedule. Any such change in date shall be considered a rescheduling and not
				a continuance of the mediation. Upon agreement of the parties, and approval by
				an alternate state mediator, mediation for the case may be transferred to the
				alternate state mediator provided any pending mediation is held within the
				130-day statutory period. Permission of the mediator from whom it is
				transferred is not necessary. The alternate state mediator shall be responsible
				for placing the mediation on the alternate state mediator's calendar.
(b) The state mediation shall not be
				continued, or transferred by the parties to an alternate state mediator, for a
				mediation beyond the 130-day statutory period, unless first granted by the
				judge upon agreement of the parties or upon proper motion demonstrating that
				the basis for the continuance, or transfer, arises from circumstances beyond
				the movant's control or for other good cause shown. The motion shall be filed
				no later than 30 days before the date of the scheduled state mediation absent
				an emergency, unless the mediation notice is sent to the parties less than 30
				days prior to the noticed mediation.
(c) Any party that moves for, or stipulates
				to, reassignment to an alternate mediator for the purpose of effectuating a
				live mediation shall attend that mediation live or the party's attorney shall
				attend live. No mediator shall allow telephonic attendance for any lawyer or
				party that has stipulated or moved for reassignment on the basis of
				facilitating a live mediation.
(d)
				Digital signature software may be used to execute mediation documents,
				including mediation conference reports and settlement agreements.
(e) Parties to a workers' compensation claim
				may jointly request voluntary mediation services from the OJCC. Such requests
				will be considered as individual state mediator calendars permit. Any voluntary
				mediation will be conducted only if all parties so stipulate. Any voluntary
				mediation will be governed by these rules. Failure to appear at a voluntary
				mediation shall not be a basis for the imposition of
				sanctions.