Should “Camera On” Become a Rule in Florida Mediation?
The Florida Supreme Court heard argument a few weeks ago and is considering a Civil Procedure Rules Committee proposal to amend Rule 1.700. Under the amendment, remote mediation would have to use both audio and video unless the parties stipulate otherwise or the judge finds cause. In-person mediation would remain the default.
The arguments on each side, as reported by The Florida Bar News:
Supporting the amendment: Committee members say participants routinely turn off cameras and mute themselves during remote sessions. Mediators can’t compel anyone to stay engaged, and confidentiality keeps them from reporting it to the court.
Opposing the amendment: The Court’s Committee on ADR Rules and Policy and The Florida Bar’s ADR Section point out that many rural Floridians lack the bandwidth for reliable video. They also note the requirement would mostly affect joint opening sessions, which fewer participants want to attend before moving into caucus.
Several justices asked whether this needs to be a rule at all, or whether it can be handled through practice and agreement.
The Florida Bar’s 2022 best practices guide already calls for cameras on during remote mediation unless the mediator excuses it or all parties agree. The open question is whether a guideline is enough, or whether it needs the force of a rule.
In my view, I think video must be on during the entirety of the negotiations – not just the opening session, but during each caucus. The mediator needs to see what people are saying and not saying and develop a rapport with each of the litigants and lawyers. I don’t think current technological advances make the availability of video appearance a problem. It should be mandatory for everyone in attendance.
How is this handled in your remote mediations?
Full article: https://www.floridabar.org/the-florida-bar-news/remote-mediation-rule-draws-concerns-over-cameras-connectivity/.
Contact me today to schedule your mediation at 407.493.0899 or book me directly on my Appointments page.
