Fla. Admin. Code Ann. R. 5J-17.082 - Mediation

(1) For the purposes of this chapter, the following definitions shall apply:

(a) "Mediation" means a process whereby a third person acts to encourage and facilitate the resolution of a dispute between a complainant and licensee without prescribing what the resolution should be. The resolution is an informal and nonadversarial process with the objective of helping the disputants reach a mutually acceptable agreement.

(b) "Mediator" means the employee or agent of the department assigned to conduct the mediation (defined in paragraph (a)) according to the procedures set forth in Section 472.034, F.S., and this rule. No person shall both conduct mediation and investigate the same complaint.

(c) "Disputant" means the complainant or the licensee.

(2) A department investigator shall determine the suitability of a complaint for mediation, employing the criteria set forth in Section 472.034, F.S., and the rules governing eligibility for mediation.

(3) Mediation will be conducted in person or via electronic media or telecommunications, or any combination of the two, as warranted by the circumstances of the mediation.

(4) The mediator shall meet with the complainant and licensee together or separately, as warranted by the circumstances of the mediation.

(5) The mediator shall provide a written report to the department of the mediation results within 14 days of the conclusion of the mediation. The report shall include a completed mediation agreement or a statement that the complaint was not resolved in mediation.

(6) If mediation is rejected by either the complainant or licensee, or should the disputants fail to reach agreement of the mediated solution within the 60-day period, the department shall proceed on the complaint in the manner required by Chapters 120 and 472, F.S.

(7) To determine whether the department will approve a licensee's participation in the mediation process more than three times, the department shall consider factors including the subject, date, disposition, and number of complaints against the licensee, and the licensee's history of compliance with board or department orders.

(8) Violations of paragraphs 5J-17.010(6)(f) and 5J-17.010(6)(g), F.A.C., concerning conflicts of interest, can be mediated pursuant to Section 472.034, F.S.

Notes

Fla. Admin. Code Ann. R. 5J-17.082

Rulemaking Authority 472.034 FS. Law Implemented 472.034 FS.

New 5-30-95, Formerly 61G 17-9.005, Amended 10-17-12.

New 5-30-95, Formerly 61G17-9.005, Amended 10-17-12.