Rule 1.710(e), Florida Rules of Civil Procedure requires that, unless stipulated otherwise, each party must file a Certification of Authority 10 days prior to mediation, identifying the parties and insurance representative who will attend mediation with full authority to settle without further consultation. The failure to timely file the Certification can result in the imposition of sanctions. See H & R Block Bank v. Perry, 205 So. 3d 776 (Fla. Dist. Ct. App. 2016) (although dismissal of the case for Plaintiff’s failure to timely file the Certification was reversed, the court did discuss other available sanctions such as attorney’s fees and costs). “The failure to file a confirmation of authority or under subdivision (e) above, or the failure of the persons actually identified in the confirmation to appear at the mediation conference, shall create a rebuttable presumption of a failure to appear”. Id.

 

Rod B. Neuman, Esquire is a Florida Supreme Court Certified Circuit Court Mediator and bases these observations upon his experiences mediating cases throughout the State of Florida.