Florida Regulations 61-42.004: Procedure for Mediation
Current as of: 2024 | Check for updates
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(1) The department may designate as mediation offenses those complaints where harm caused by the licensee is economic in nature or can be remedied by the licensee.
(2) After the department determines a complaint is legally sufficient and the alleged violations are defined as mediation offenses, the mediator may conduct informal mediation to resolve the complaint. If the complainant and the subject of the complaint agree to a resolution of a complaint within 14 days after contact by the mediator, the mediator shall notify the department of the terms of the resolution. The department shall take no further action unless the complainant and the subject each fail to record with the department an acknowledgment of satisfaction of the terms of mediation within 60 days of the mediator’s notification to the department. In the event the complainant and subject fail to reach settlement terms or to record the required acknowledgment, the department shall process the complaint according to the provisions of Fl. Admin. Code R. 61-42.002
(3) No licensee shall be permitted to engage in the mediation process more than three times without approval from the department. The department may consider the subject and dates of the earlier complaints in rendering its decision. Such decision shall not be considered final agency action for purposes of Florida Statutes Chapter 120
(4) A department complaint analyst or investigator shall determine the suitability of a complaint for mediation, employing the criteria set forth in Florida Statutes § 455.2235, Florida Statutes Chapter 548, and the rules adopted by the commission.
(5) Mediation shall be conducted in person or via electronic media or telecommunications, or any combination of the two, as warranted by relevant circumstances of the mediation.
(6) The mediator shall meet with the complainant and licensee together or separately, as warranted by the circumstances of the mediation.
(7) The mediator shall provide a written report to the department of the mediation results within 10 days of the conclusion of the mediation. If the complaint is resolved in mediation, the department shall close the complaint.
(8) If mediation is rejected by either the complainant or licensee, or should the parties fail to reach agreement, the department shall proceed on the complaint in the manner required by Florida Statutes Chapter 120 and Fl. Admin. Code R. 61-42.002
(9) 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 commission or department orders.
Rulemaking Authority Florida Statutes § 548.003(8). Law Implemented 548.003(8) FS. History-New 12-20-12.
Terms Used In Florida Regulations 61-42.004
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
(3) No licensee shall be permitted to engage in the mediation process more than three times without approval from the department. The department may consider the subject and dates of the earlier complaints in rendering its decision. Such decision shall not be considered final agency action for purposes of Florida Statutes Chapter 120
(4) A department complaint analyst or investigator shall determine the suitability of a complaint for mediation, employing the criteria set forth in Florida Statutes § 455.2235, Florida Statutes Chapter 548, and the rules adopted by the commission.
(5) Mediation shall be conducted in person or via electronic media or telecommunications, or any combination of the two, as warranted by relevant circumstances of the mediation.
(6) The mediator shall meet with the complainant and licensee together or separately, as warranted by the circumstances of the mediation.
(7) The mediator shall provide a written report to the department of the mediation results within 10 days of the conclusion of the mediation. If the complaint is resolved in mediation, the department shall close the complaint.
(8) If mediation is rejected by either the complainant or licensee, or should the parties fail to reach agreement, the department shall proceed on the complaint in the manner required by Florida Statutes Chapter 120 and Fl. Admin. Code R. 61-42.002
(9) 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 commission or department orders.
Rulemaking Authority Florida Statutes § 548.003(8). Law Implemented 548.003(8) FS. History-New 12-20-12.