(a) Authorized Use of Mediation and Judicial Settlement Conferences as Alternative Dispute Resolution Processes. In accordance with 28 U.S.C. § 651, the court authorizes the use of mediation and judicial settlement conferences as alternative dispute resolution processes in cases and proceedings.
(b) Requirement to Consider Use of Mediation or Judicial Settlement Conference in Adversary Proceedings. In accordance with 28 U.S.C. § 652, litigants in all adversary proceedings must consider the use of mediation or a judicial settlement conference before the pretrial conference.
(c) Procedure.
(1) Referral to Mediation or Judicial Settlement Conference. On the request of a party in interest or on its own, the court may order parties in a case or proceeding to participate in mediation or a judicial settlement conference.
(2) Selecting a Mediator or Settlement Judge.
(A) Agreed Selection. Parties ordered to mediation may select any mediator or settlement judge willing to serve in that role to which all parties agree.
(i) If the parties select a settlement judge, they must prepare and submit to the court for entry local form Order Appointing Settlement Judge.
(ii) If the parties select a mediator, they must file a notice specifying the name and address of the mediator selected.
(B) Inability to Agree.
(i) If the parties are unable to agree on a mediator or settlement judge within 14 days of being ordered to participate in mediation or a judicial settlement conference, the parties must file a notice with the clerk, who will then randomly select a mediator from the court’s register of mediators, issue a notice of selection, and serve that notice on the parties and the mediator.
(ii) Within three business days of issuance of the notice of selection under (c)(2)(B)(i), any party objecting to the selected mediator must file an objection and request for an alternate mediator. Upon filing an objection, the clerk will then randomly select another mediator from the court’s register of mediators and issue a notice of selection under (c)(2)(B)(i). No party may file more than one objection to the selection of a mediator under (c)(2)(B)(i).
(iii) Within seven days of issuance of the notice of selection under (c)(2)(B)(i), a mediator unable to serve must file a notice of inability to serve. Upon filing a notice of inability to serve, the clerk will then randomly select another mediator from the court’s register of mediators and issue a notice of selection under (c)(2)(B)(i).
(C) Mediator Register. In accordance with 28 U.S.C. § 653, to be included on the court’s register of mediators, an individual must:
(i) have completed a minimum of 40 hours in a circuit mediation training program certified by the Florida Supreme Court; have completed the American Bankruptcy Institute/St. John’s University School of Law Bankruptcy Mediation Training; or be certified by the Florida Supreme Court as a circuit court mediator; and
(ii) agree to accept at least 2 mediation assignments per calendar year in cases where at least one party lacks the ability to compensate the mediator.
(d) Immunity of Settlement Judge; Waiver by Parties.
(1) Immunity. A settlement judge conducting a judicial settlement conference acts in an official judicial capacity as a United States Bankruptcy Judge. Each settlement judge and all judiciary employees assisting a settlement judge have full, unqualified judicial immunity, as well as all other privileges, immunities, and protections accorded to a United States Bankruptcy Judge and to judiciary employees, regarding any matters arising from or related to the judge’s role as settlement judge.
(2) Waiver. Any party participating in a judicial settlement conference:
(A) waives and is unable to assert against the settlement judge or any judiciary employees assisting with the settlement process any claims or causes of action that arise from or relate to the settlement process; and
(B) waives and is unable to seek to compel from the settlement judge or from any judiciary employees assisting with the settlement process any oral or written testimony, document production (including, without limitation, any records, reports, summaries, notes, communications, or other documents received or made by the settlement judge or any judiciary employees while serving in such capacity), or other participation in any judicial, arbitral, or other proceeding of any kind.
(3) Memorialization of Waiver. The settlement judge may, in the settlement judge’s sole discretion, require that the parties to a judicial settlement conference sign an agreement memorializing the provisions of paragraph (2) before agreeing to serve as a settlement judge.
(e) Compensation of a Mediator.
(1) No Compensation for Settlement Judge. A settlement judge serves in that capacity as part of the performance of her or his judicial duties and therefore must not be compensated by the parties.
(2) Mediators.
(A) If selected by the parties, a mediator will be compensated at any rate agreed to in writing by the parties and the mediator. Unless otherwise agreed, the parties participating in the mediation must share the cost equally.
(B) If randomly selected by the clerk, a mediator will be compensated at the rate set by the District Court for compensation of mediators. Unless otherwise agreed, the parties participating in the mediation must share the cost equally.
(f) Disqualification of a Mediator. In accordance with 28 U.S.C. § 653(b), an individual is disqualified to serve as a mediator in any matter in which the individual:
(1) would be disqualified to serve as a judge under 28 U.S.C. § 455; or
(2) has a bias or prejudice that would render a judge unable to hear a proceeding under 28 U.S.C. § 144.
(g) Result of Mediation. A mediator must file local form Report of Mediator no later than seven days after the conclusion of a mediation.