Mediator Qualification Disciplinary Review Board
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Consensual Agreement Case No. MQDRB 2024-012
Summary of Sanctions
On November 25, 2024, the mediator entered into a Consensual Resolution Agreement that outlined certain conditions prescribed by the Rule Violation Complaint Committee (RVCC). These conditions included his agreement to complete 6 additional hours of continuing mediator education (CME) that were required to be preapproved by the DRC. On December 3, 2024, the Order Finding Probable Cause and Accepting the Consensual Resolution Agreement was entered by the RVCC.
Findings
The RVCC reviewed the complaint and the mediator’s response prior to meeting on November 12, 2024. The RVCC found the mediator violated rules 10.360 and 10.520, Florida Rules for Certified and Court-Appointed Mediators (the latter by violating rule 12.740(f)(3), Florida Family Law Rules of Procedure), due to his filing of mediation report that indicated one of the parties appeared at mediation but “refused to mediate.” The Mediator knew or should have known not to file a mediation report that included his personal observation that one of the parties refused to mediate.
Consensual Agreement Case No. MQDRB 2024-007
Summary of Sanctions
On June 26, 2024, the mediator agreed to complete certain conditions prescribed by the Rules Violation Complaint Committee (RVCC). The mediator entered into a Consensual Resolution Agreement to accept suspension of his certification as a Supreme Court certified circuit court mediator until he is reinstated as a member in good standing with The Florida Bar. The mediator also agreed to other conditions, including to complete 16 additional hours of continuing mediator education (CME) that must be preapproved by the DRC.
Findings
The RVCC found probable cause the mediator violated rules 10.110, 10.620, and 10.760, Florida Rules for Certified and Court-Appointed Mediators, due to his failure to disclose his January 2024 Suspension from The Florida Bar for violations of the Rules Regulating The Florida Bar, including rule 4-1.7(a)(b)(c) Conflict of Interest. The Mediator knew or should have known to disclose the suspension to the Dispute Resolution Center.
Consensual Agreement Case No. MQDRB 2023-014
Summary of Sanctions
On February 19, 2024, the mediator agreed to complete certain conditions within four months of signing the Consent Agreement. The conditions were to take two additional hours of CME on mediator ethics, and otherwise timely comply with the terms and provisions of the Consent Agreement and Consent Order.
Findings
The RVCC reviewed the complaint, the mediator’s response, and the investigator’s report and was prepared to file charges that the mediator violated Rule 10.380 of the Florida Rules of Certified and Court-Appointed Mediators, by failing to timely implement and obtain a written fee agreement with all of the mediation participants in advance of a mediation.
The mediator recognizes and accepts responsibility for this failure, is taking and will take all necessary steps in the future to ensure this lapse will not occur again, and will implement through a Process Analysis drafted per the Consent Agreement office procedures to ensure compliance with the Florida Rules of Certified and Court-Appointed Mediators, and all applicable statutes, including the drafting and use of a standard template fee/retainer agreement with mediation parties and participants.
The mediator understands and takes full responsibility for the lapse in this case and agrees to undertake to strictly comply with all applicable Rules and Statutes regarding serving as a Florida Certified and Court-Appointed Mediator. There has been no finding that the mediator violated any Rule not specifically set forth herein.
Consensual Agreement Case No. MQDRB 2023-007
Summary of Sanctions
On February 16, 2024, the mediator agreed to complete the following conditions within three months of the Consent Agreement: Submit a Process Analysis that includes compliance with all statutes and rules applicable to mediation. Submit a Proposed Opening Statement template complying with rule 10.340, Florida Rules for Certified and Court-Appointed Mediators, and use the Opening Statement in future mediations as appropriate under the rules.
Findings
The RVCC reviewed the complaint, the mediator’s response, and the investigator’s report and was prepared to file charges that the mediator violated the Florida Rules for Certified and Court-Appointed Mediators.
The RVCC offered to resolve the matter before finding probable cause that the mediator violated rule 10.340, Florida Rules for Certified and Court-Appointed Mediators, by simultaneously acting as the plaintiff’s attorney in a case in ongoing litigation against the defendant insurance carrier and acting as the mediator in an unrelated case in which the defendant insurance carrier was also the defendant.
There was no finding that the mediator violated any other Florida Rules for Certified and Court-Appointed Mediators not explicitly set forth herein. It appeared that the mediator positively assisted in the process of resolution, a settlement was ultimately consummated, and there was no indication that the mediator did not have the requisite mediation skills.
Consensual Agreement Case No. MQDRB 2022-009
Summary of Sanctions
On April 11, 2023, the mediator agreed to complete the conditions prescribed by the Rules Violation Complaint Committee (RVCC). The conditions were to be completed and submitted to the Dispute Resolution Center (DRC) for review.
Findings
The RVCC reviewed the complaint and the mediator’s response and was prepared to file charges that the mediator violated rule 10.430 of the Florida Rules of Certified and Court-Appointed Mediators. The rule states in the pertinent part, “A mediator shall perform mediation services in a timely fashion, avoiding delays whenever possible.” The mediator violated this rule, during the time specified in the complaint, by failing to schedule mediation and refund overpayments to participants. There has been no finding that the mediator violated any rule not explicitly set forth herein.
Consensual Agreement Case No. MQDRB 2021-002
Summary of Sanctions
On December 27, 2022, the Mediator agreed to refrain from accepting new mediation assignments and to close out any existing court ordered mediations before May of 2023. Furthermore, the Mediator agreed not to apply to renew his certification upon its lapse on May 31, 2023.
Findings
The Mediator Qualifications and Discipline Review Board, Rule Violation Complaint Committee (Committee) reviewed the complaint, the response, and the investigator's report. If the matter had not been resolved by a Consensual Agreement, the Committee was prepared to find probable cause that the mediator violated rule 10.370 (c) of the Florida Rules of Certified and Court-Appointed Mediators by offering a professional opinion to direct the resolution of the case.
Consensual Agreement Case No. MQDRB 2021-011
Summary of Sanctions
On December 14, 2022, the mediator agreed to complete the following conditions within 6 months of signing the Consent Agreement: Complete 16 additional hours of CME on mediator ethics, receive a written reprimand from the Rules Violation Complaint Committee (RVCC), and reimburse the investigative costs associated with this matter.
Findings
The RVCC reviewed the complaint, the mediator’s response, and the investigator’s report and was prepared to file charges that the mediator violated Rule 10.340 of the Florida Rules of Certified and Court-Appointed Mediators by simultaneously acting as a mediator and having her staff fill in portions of Florida Supreme Court Approved Family Law forms. There was no finding that the mediator provided any legal advice to the mediation participants either during or following the subject mediation, nor was there a finding that the mediator violated any of the Rules for Certified and Court-Appointed Mediators not specifically set forth herein.
Consensual Agreement Case No. MQDRB 2020-016
Summary of Sanctions
On January 25, 2021, the mediator agreed to receive a letter of reprimand from the Rules Violation Complaint Committee (RVCC) and complete ten additional hours of continuing mediator education, specifically about mediator ethics, within six months of the Consent Agreement.
Findings
The RVCC reviewed the complaint and the mediator's response and was prepared to file charges that the mediator violated rules 10.340(d) and 10.510 Florida Rules for Certified and Court-Appointed Mediators by filing with a court a mediation report that appeared to favor one party over another.
Consensual Agreement Case No. MQDRB 2020-015
Summary of Sanctions
On March 4, 2021, the mediator agreed to receive a letter of reprimand from the Rules Violation Complaint Committee (RVCC) and complete ten additional hours of continuing mediator education, specifically about mediator ethics, within six months of the Consent Agreement.
Findings
The RVCC reviewed the complaint and the mediator's response and was prepared to file charges that the mediator violated rule 10.350, Florida Rules for Certified and Court-Appointed Mediators, by allowing the mediation to end abruptly by a disconnected Zoom call and not reaching out to the parties to resume the call and end the mediation formally.
Consensual Agreement Case No. MQDRB 2019-004
Summary of Sanctions
On August 22, 2019, the mediator agreed to receive a written reprimand from the Rules Violation Complaint Committee (RVCC) and to reimburse the mediation fees to the parties within six months of the Consent Agreement.
Findings
The RVCC reviewed the complaint and the mediator's response and was prepared to file charges that the mediator violated rules 10.380 and 10.600 of the Florida Rules for Certified and Court-Appointed Mediators by charging parties for mediation services without first obtaining an agreement to use the mediator's services signed by the parties.
Consensual Agreement Case No. MQDRB 2018-015
Summary of Sanctions
On September 24, 2019, the mediator agreed to complete the following conditions within six months of signing the Consent Agreement. The conditions were to take eight additional hours of CME on mediator ethics, write a reflective statement concerning mediation confidentiality, and how to conduct mediations.
Findings
The Rules Violation Complaint Committee (RVCC) reviewed the complaint, response, and investigator's report. It was prepared to find that the mediator violated rules 10.360 and 10.420 of the Florida Rules for Certified and Court-Appointed Mediators by allowing a non-participant, a deputy, to remain in the mediation room without the parties' consent and by sharing information obtained during the mediation with a magistrate.
Consensual Agreement Case No. MQDRB 2017-015
Summary of Sanctions
On November 1, 2018, the mediator agreed to complete ten additional hours of CME within six months of signing the Consensual Agreement, specifically on mediator ethics.
Findings
Upon review of the complaint, response, and investigator’s report, the Rules Violation Complaint Committee (RVCC) was prepared to make a finding that the mediator violated rules 10.310, 10.330, and 10.370, Florida Rules for Certified and Court-Appointed Mediators. The RVCC found that the mediator violated rules 10.310 and 10.330 when he introduced Case-Metrix, a tool used by attorneys and litigants in evaluating settlement opportunities in bodily injury cases, into the mediation process without a request from the plaintiff to do so. Additionally, the RVCC expressed concerns about the mediator’s billing practice in which the mediator required one party to pay in advance, but he did not have the same requirement for the other party.
Consensual Agreement Case No. MQB 2015-008
Summary of Sanctions
On October 27, 2015, Mediator agreed to complete the following tasks within six months of signing the Agreement to Sanctions: four hours of additional CME on demeanor and diversity; read and review the Florida Rules for Certified and Court-Appointed Mediators and the MEAC opinions regarding the mediator’s responsibility to the parties, impartiality, demeanor, and integrity and write a reflective statement of not less than three pages regarding the educational materials and what the mediator learned. During the time the Mediator is completing the sanctions, he agreed not to mediate any cases unless the parties speak fluent English and no language comprehension assistance is required.
Findings
Upon reviewing the complaint and the Mediator’s response, the Grievance Complaint Committee (GCC) found probable cause to believe the Mediator violated the Florida Rules for Certified and Court-Appointed Mediators by: speaking to the parties without pausing although he knew one party was using a foreign language interpreter; and saying in everyone’s presence while making a “repulsive” face, “She does not understand, not even a little bit? She has been here since 1999, works at Publix, and does not speak English?”
Nadine Mitchell
Certification Number: 10037
Case Number: QCC 2012-037
Case Type: Circuit, Foreclosure
Summary:
Sanctioned by Order Accepting Admission to charges and Imposition of Sanctions on September 12, 2018. The mediator agreed to the following sanctions: suspension for a period of five months beginning October 6, 2018; completion of six hours of continuing mediator education courses on fees, billing, advertising or ethics; and review of all Mediator Ethics Advisory Committee opinions on “business practices” within the five-month period of suspension.
Findings: Upon reviewing the complaint, mediator’s response and evidence, the hearing panel found probable cause to believe that the mediator violated the Florida Rules for Certified and Court-Appointed Mediators by: billing and receiving payments for fees that did not conform to advertised rates and billing and receiving reimbursement for costs which did not conform to the advertised rates.
Florida Rules for Certified and Court-Appointed Mediators Violated:
10.380(a), (b), (c), Fees and Expenses
10.600, Mediator’s Responsibility to the Mediation Profession
10.610(a), Marketing Practices
Saul Cimbler
Certification Number: 20470
Case Number: MQB 2015-007
Case Type: Foreclosure
MQB 2015-007 Decision Including Findings and Conclusions of the Panel
Summary:
Sanctioned by Decision Including Findings and Conclusions of the Panel entered on August 26, 2016 – Mediator is decertified for a period of 6 months with leave to reapply at the end of that time and the Decision serves as a written reprimand. The Mediator shall complete ten live hours of ethics CME before reinstatement will be considered, and write a reflective statement after completing the ethics CME. The DRC was awarded reasonable costs.
Findings: The complaint relied mainly on the published opinion in Aurora Bank v. Cimbler and Florida Mediation, LLC, 166 So. 3d 921 (Fla. 3d DCA 2015). The panel found the Mediator lacks the good moral character required of a Florida Supreme Court certified mediator due to his intervening in the pending foreclosure case and demanding discovery; the Mediator’s actions did not reflect fairness, integrity or impartiality, nor did they honor the parties’ rights of self-determination; and the Mediator’s actions did not preserve the quality of the profession.
Florida Rules for Certified and Court-Appointed Mediators Violated:
10.110(b), Good Moral Character
10.300, Mediator's Responsibility to the Parties
10.600, Mediator's Responibility to the Mediation Profession
Clayton D. Simmons
Certification Number: 6861R
Case Number: MQB 2015-003
Case Type: Probate
MQB 2015-003 Decision Including Findings and Conclusions of the Panel
Summary:
Sanctioned by Decision Including Findings and Conclusions of the Panel entered on February 24, 2016 - Mediator shall read MEAC and MQAP opinions on conflicts of interest, complete eight hours of CME, and is suspended for three months beginning on a date 30 days from the date of the Decision. The DRC was awarded reasonable costs.
Findings: The case mediated was a probate dispute between siblings. The panel found the Mediator lacks the good moral character required of a Florida Supreme Court certified mediator due to his failure to disclose to the opposing sister and brother and the sister’s attorney that he had once represented the attorney for the brother in the attorney’s divorce; and in response to interrogatories by the MQB prosecutor, he attempted by e-mail to persuade or influence the attorney for the sister to support his untrue account regarding disclosure. The Panel expressed its concern that the Mediator did not raise the issue at the mediation that a retired judge who was observing the mediation should not be appointed as a special master or magistrate in the probate case pursuant to rule 1.490, Florida Rules of Civil Procedure.
Florida Rules for Certified and Court-Appointed Mediators Violated:
10.110, Good Moral Character
10.230(f), Mediation Concepts
10.340, Conflicts of Interest
Neal J. Blaher
Certification number 19286RA
Case Number: QCC 2015-014
Case Type: Good Moral Character
QCC 2015-014 Decision Including Findings and Conclusions of the Panel
Summary:
Sanctioned by Decision Including Findings and Conclusions of the Panel entered February 16, 2016 – Mediator decertified and permanently barred from mediating under the Florida Rules of Civil Procedure. The DRC was awarded reasonable costs.
Findings: Found not to possess the good moral character required by rule 10.110, Florida Rules for Certified and Court-Appointed Mediators, due to the Mediator, in his role as an attorney, misappropriating client trust funds, improperly disbursing fees from his trust account to his operating account, using improperly transferred funds for business and operating expenses, and failing to properly maintain required trust account records; and failing to report to the DRC that he was suspended indefinitely from The Florida Bar. The Mediator was disbarred as an attorney by the Florida Supreme Court.
Florida Rules for Certified and Court-Appointed Mediators Violated:
10.110, Good Moral Character
10.800(b)(1), Professional Discipline
Irwin R. Eisenstein
Renewal Certification Denied
Case Number: QCC 2014-063
Case Type: Good Moral Character
QCC 2014-063 Decision Including Findings and Conclusions of the Panel
Summary:
Sanctioned by Decision Including Findings and Conclusions of the Panel entered February 8, 2016 – application for renewal of certification as a Florida Supreme Court county mediator denied and mediator is permanently barred from applying for Florida Supreme Court mediator certification in any certification area or serving as a mediator under the Florida Rules of Civil Procedure. The DRC was awarded reasonable costs.
Findings: Found not to possess the good moral character required by rule 10.110, Florida Rules for Certified and Court-Appointed Mediators, due to his actions as a pro se litigant in litigation in which he was involved in the past and currently involved which show that he is not receptive to the views and positions of others in any dispute, and that anyone who does not agree with his view is wrong and subject to attack. The Mediator’s actions indicate he has little regard for the legal system, the rules of court, or the decorum which should govern legal proceedings and mediations as a part of legal proceedings. The Mediator was denied admission to The Florida Bar and disqualified from reapplying for five years, and also denied admission to the New York State Bar. The evidence of any rehabilitation was insignificant when weighted against the mediator’s recent commission of the same type of conduct which has occurred over many years.
Florida Rules for Certified and Court-Appointed Mediators Violated:
10.110, Good Moral Character
Thomas J. Dandar
Certification Denied
Case Number: QCC 2014-039
Case Type: Good Moral Character
QCC 2014-039 Decision Including Findings and Conclusions of the Panel
Summary:
Sanctioned by Final Panel Decision entered February 19, 2016 – application for renewal of certification as a Florida Supreme Court circuit mediator denied pending proof of successful completion of six hours of CME within 90 days of the Decision; CME courses must be preapproved by the DRC.
Findings: Found not to possess the good moral character required by rule 10.110, Florida Rules for Certified and Court-Appointed Mediators, and lacking candor due to his failure to disclose his 2008 Admonishment for Minor Misconduct by The Florida Bar on his sworn 2010 and 2012 mediator certification renewal applications. The Mediator knew or should have known the admonishment was deemed a sanction by The Florida Bar.
Florida Rules for Certified and Court-Appointed Mediators Violated:
10.110, Good Moral Character
John R. Pollaert
Certification Denied
Case Number: QCC 2013-016
Case Type: Good Moral Character
QCC 2013-016 Decision Including Findings and Conclusions of the Panel
Summary:
Sanction by Final Panel Decision entered February 3, 2016 – application for certification as a Florida Supreme Court circuit mediator permanently denied and he is permanently barred from applying for Florida Supreme Court mediator certification in any certification area.
Findings: Found not to possess the good moral character required by rule 10.110, Florida Rules for Certified and Court-Appointed Mediators, due to the applicant’s failure to disclose the criminal case against him as part of the mediator certification application process; notify the DRC in writing of criminal charges brought against him which constituted a material change in the circumstance and condition of his application; and, as part of his pre-trial intervention contract (PIC) with the State Attorney, admission of guilt to criminal charges of felony official misconduct, felony grand theft, and six misdemeanor counts of falsifying records during his employment with the State of Florida. After the applicant completed the conditions of the PIC, the criminal charges were dropped. The panel found that despite the applicant having a law degree being a former career police officer and federal agent, he failed to attend the hearing although he was subpoenaed to be present and he did not take responsibility for his actions. Further, his actions were crimes of dishonesty for financial gain.
Florida Rules for Certified and Court-Appointed Mediators Violated:
10.110, Good Moral Character
Darlene J. Brower
Certification: 19564CF
Case Number: MQB 2013-015
Case Type: Family
MQB 2013-015 Order and Sanctions
Summary:
Sanctioned by Order Accepting Admission to Formal Charges and Imposing Sanctions entered on October 29, 2015. The Mediator admitted the allegations and agreed to be decertified as a Florida Supreme Court certified family mediator and not ever apply for any certification as a Florida Supreme Court mediator.
Findings: In a dissolution of marriage case, the Mediator, who owns and operates a document preparation and mediation business, made changes requested by the wife to the parties’ Marital Settlement Agreement after the mediation and before the parties signed the Agreement without consulting the husband; prepared numerous legal documents not directly related to the mediation for the parties and notarized the parties’ signatures; had signed a Cease and Desist Order in 2012 in an unlicensed practice of law case with The Florida Bar indicating she understood what a non-lawyer can and cannot do relating to document preparation and qualified domestic relations orders (QDRO); and made decisions for the parties without their input, prepared documents that were beyond her skill level and experience, failed to respect the roles of other professional disciplines, and engaged in the practice of law by preparing the QDRO and identifying herself as a paralegal when she is not.
Florida Rules for Certified and Court-Appointed Mediators Violated:
10.220, Mediator’s Role
10.330, Impartiality
10.340, Conflicts of Interest
10.370, Advice, Opinions, or Information
10.410, Balanced Process
10.520, Compliance with Authority
10.620, Integrity and Impartiality
10.640, Skill and Experience
10.670, Relationships with Other Professionals.
Zachariah M. Kilgus
Case Number: QCC 2015-013
Certification Denied
Case Type: Good Moral Character
QCC 2015-013 Order and Sanctions
Summary:
Sanctioned by Order Accepting Admission to Formal Charges and Imposing Sanctions entered September 10, 2015 – application for certification as a Florida Supreme Court County Mediator denied; Applicant may not apply for certification in any area for 18 months; if Applicant applies after 18 months after satisfying the provisions of the Order and has not engaged in any additional violations, the need for re-training is waived; Applicant shall not engage in advertising or mediation until certified. If he chooses to reapply for certification, Applicant is required to: complete six hours of CME on advertising; submit an affidavit indicating he has read and understood all MEAC opinions on advertising and solicitation; and write and submit a reflective statement regarding how he will change his past activity as to advertising.
Findings: Found not to possess good moral character as required by Rule 10.110, Florida Rules for Certified and Court Appointed Mediators, for any mediator certification by the Florida Supreme Court. Subsequent to his application to the Dispute Resolution Center (DRC), the Applicant committed, in a direct marketing mailing, numerous false and misleading marking practice violations, contrary to rule 10.610(a),(e) and (f), Florida Rules for Certified and Court-Appointed Mediators, by the use of a solicitation letter, sent to at least one defendant in a small claims action. The Applicant also violated rule 10.330(a), Impartiality, by stating in the letter, “We save you the time of the exhausting drawn out court process while also protecting you from monetary judgment” and “We handle your entire case” (emphasis added); and rule 10.340(d), Conflicts of Interest, by stating, “Before the court creates a negative mark on your record permanently, you need to call us. If you use our services, you won’t have to go to court or meet anyone in person. You can even take your family on vacation! We handle your entire case.”
Florida Rules for Certified and Court-Appointed Mediators Violated:
10.110, Good Moral Character
10.610(a), (e), (f), Marketing Practices
10.330(a), Impartiality
10.340(d), Conflicts of Interest
G. Enrique Pena
Case Number: QCC 2013-036
Certification Denied
Case Type: Good Moral Character
QCC 2013-036 Decision Including Findings and Conclusions of the Panel
Summary:
Sanctioned by Decision Including Findings and Conclusions of the Panel entered September 4, 2015 – application for certification as a Florida Supreme Court County Mediator denied.
Findings: Found not to possess the good moral character required by rule 10.110, Florida Rules for Certified and Court-Appointed Mediators, due to the applicant’s inability or refusal to abide by rules and court orders as indicated by his suspension from The Florida Bar for misappropriation of attorney trust funds and his disbarment due to continuing to practice law while suspended; the conduct was serious and continuing in nature and was willful, deliberate, knowing, and done based on the Applicant’s belief that no one would discover his activities; the Applicant’s response to questions from the Panel indicated a lack of complete candor and remorse; and the Applicant provided no evidence of rehabilitation other than that he has become a teacher.
Florida Rules for Certified and Court-Appointed Mediators Violated:
10.110, Good Moral Character
Miriam L. Mendieta
Certification number: 24079R
Case Number: QCC 2014-027
Case type: Good Moral Character
QCC 2014-027 Decision Including Findings and Conclusions of the Panel
Summary:
Sanctioned by Decision Including Findings and Conclusions of the Panel entered August 28, 2015 – Mediator admonished by written reprimand to read and be familiar with the rules for all licenses and certifications which she holds and comply with the rules; reasonable and justified costs to be determined by the Panel Chair and awarded to the Dispute Resolution Center (DRC) and taxed against the Mediator.
Findings: The Mediator was suspended from The Florida Bar for 90 days on February 10, 2014, for failing to properly and adequately supervise the lawyers under her supervision while she worked at the Law Offices of David J. Stern, P.A., although no evidence was presented of any specific individual misconduct on her part. The Mediator failed to notify the DRC of the change in status of her professional license within 30 days of the event as required by rule 10.800(b)(1). The Mediator was reinstated as a member of The Florida Bar. The Panel concluded the Mediator’s failure to properly and adequately supervise the lawyers under her supervision and failure to report her suspension to the DRC within 30 days did not constitute a lack of good moral character; however, the Mediator did violate rule 10.800(b)(1) by failing to notify the DRC of the change in status of her professional license within 30 days of the event.
Florida Rules for Certified and Court-Appointed Mediators Violated:
10.800(b)(1), Professional Licenses and Certifications
Lamarris T. Cooper
Certification number: 29055C
Case number: QCC 2014-050
Case type: Good Moral Character
QCC 2014-050 Order and Sanctions
Summary:
Sanctioned by Order Accepting Admission to Formal Charges and Imposing Sanctions entered July 6, 2015 - application for renewal of Florida Supreme Court County Mediator Certification was denied and the mediator is barred from applying for mediator certification for 5 years from July 6, 2015.
Findings: Found not to possess good moral character due to the mediator’s violation of the law and her Oath of Office as a Notary Public by notarizing documents in blank and resigning her commission as a Notary Public rather than addressing a complaint filed in 2007 with the Office of the Governor or responding to the investigation by the Governor’s office. The applicant’s resignation of her commission as a Notary Public resulted in a legal hold on her ability to become a Notary in Florida.
Florida Rules for Certified and Court-Appointed Mediators Violated:
10.110, Good Moral Character
Rebecca Eve Rogers
Certification number: 20408C
Case number: QCC 2014-043
Case type: Good Moral Character
QCC 2014-043 Order and Sanctions
Summary:
Sanctioned by Order Accepting Admission to Formal Charges and Imposing Sanctions entered July 2, 2015 – decertification as a Florida Supreme Court Certified Mediator for 8 years and reapplication after 8 years only upon proof of the restoration of her civil rights.
Findings: The mediator fails to possess good moral character as required by rule 10.110, Florida Rules for Certified and Court-Appointed Mediators, due to her conviction for felony possession of a Schedule IV substance in violation of section 893.13(6)(a), Florida Statutes, and second degree misdemeanor possession of a new or legend drug without a prescription in violation of section 499.03, Florida Statutes. The mediator did not report the convictions to the DRC within 30 days of the Judgment of Conviction entered on September 19, 2012, as required by rule 10.130(b), Florida Rules for Certified and Court-Appointed Mediators, and did not report them until submitting her renewal application on July 15, 2014.
Florida Rules for Certified and Court-Appointed Mediators Violated:
10.110(b), Good Moral Character
10.130(b), Notification of Conviction
Sarah Mootoo
Case Number: QCC 2014-007
Certification Denied
Case Type: Good Moral Character
Summary:
Sanctioned by Final Panel Decision entered June 18, 2015 – application for certification as a Florida Supreme Court County Mediator permanently denied, no other application for mediator certification will be accepted; and $1,200 costs awarded to the Dispute Resolution Center and taxed against the applicant to be paid by July 18, 2016.
Findings: Found not to possess the good moral character required by rule 10.110, Florida Rules for Certified and Court-Appointed Mediators, due to the applicant’s arrest for possession of cocaine and drug paraphernalia; arrest and entry into a Pretrial Intervention Program-Deferred Prosecution Agreement for an organized scheme to defraud and grand theft; violation of probation and conviction for petit theft; suspension of her Licensed Practical Nurse (LPN) license due to a positive test for cocaine and her refusal to participate in a treatment program; reprimand of her LPN license due to her failure to pay ordered investigative costs in the suspension case and suspension of her license until she paid the costs and a fine; voluntary relinquishment of her LPN license to resolve the administrative disciplinary case and agreement that the relinquishment was a disciplinary action; and her failure to report the criminal and administrative disciplinary history to the DRC on her application for mediator certification.
Florida Rules for Certified and Court-Appointed Mediators Violated:
10.110, Good Moral Character
Consensual Agreement Case No. MQB 2013-014
Summary of Sanctions
On November 17, 2014, Mediator agreed to give the Complainant a full refund of the mediation fees he received in a family law case; complete 6 additional hours of CME on the subjects of maintaining impartiality, the prohibition of solicitation of future professional services during mediation, disclosure of conflicts of interest, demeanor, and the psychological aspects of divorce; read and review all of the rules and MEAC opinions pertaining to impartiality, conflicts of interest, and demeanor; and submit a reflective report of no less than 2 pages on insights gained and how he intends to change his practices and procedures in the future.
Findings
The Grievance Complaint Committee (GCC) interviewed the Mediator, the complainant, and the attorneys for both parties. The GCC found probable cause to believe the Mediator violated the Florida Rules for Certified and Court-Appointed Mediators by failing to disclose that the husband’s attorney had attended the circuit mediation training the Mediator provides and, during the mediation, asking the wife’s attorney to attend the training; advising the wife that if she went to court she would get a 50/50 parenting plan; telling the wife to quit complaining; and laughing loudly with the husband’s attorney within the hearing of the wife and her attorney leading the complainant to believe the mediator had a special relationship with the husband’s attorney.
Consensual Agreement Case No. MQB 2014-006
Summary of Sanctions
On November 24, 2014, Mediator was suspended for thirty days from the date of the Agreement during which she is not to conduct any type of mediation, court-ordered or otherwise. Additionally, Mediator agreed to complete 8 hours of additional CME on a mediator’s role and responsibility to the parties, self-determination, impartiality, balanced process, conduct of mediation, and integrity; read and review all of the rules and MEAC opinions pertaining to the rules violated; submit a reflective report of no less than 2 pages on insights gained and how the Mediator intends to change her practices and procedures in the future.
Findings
Upon reviewing the complaint, supporting documents, and Mediator’s response, the Grievance Complaint Committee (GCC) found probable cause to believe the Mediator violated the Florida Rules for Certified and Court Appointed Mediators by altering the parties’ Stipulation for Payment and Order of Dismissal the parties signed in a landlord/tenant case without consulting with the parties and filing the altered document with the court.
Consensual Agreement Case No. QCC 2013-021
Summary of Sanctions
Mediator suspended from The Florida Bar. On April 3, 2014, Mediator/attorney agreed to the following terms: he will not conduct any private or court-connected mediations until he is reinstated or renewed as a certified mediator; upon his reinstatement to The Florida Bar he will provide proof of such to the Dispute Resolution Center (DRC); he will not reapply for mediator certification until all Bar matters are cleared; his reapplication will only be considered if he is reinstated by The Bar and provides proof of completion of all matters related to his Bar suspension; to avoid being required to attend mediator training again and apply as a new certification applicant, his reapplication for certification must be received by February 28, 2016; the DRC will notify all judicial circuits of his mediator certification and Bar suspensions; there is no guarantee his renewal or reapplication for certification will be approved; he waives any right to costs and fees against the DRC; and he will be listed as lapsed and sanctioned on the DRC web-based mediator search.
Mediator reported his two-year suspension from The Florida Bar to the DRC. In a Bar disciplinary action, Mediator pled guilty to failing to exercise reasonable supervision to ensure his law firm trust account was in compliance with the Rules Regulating the Florida Bar in 2010 and 2011. Client funds which should have been held in trust by the law firm were transferred to the firm’s operating account and used for other purposes.
The Qualifications Complaint Committee (QCC) had an independent investigation conducted and offered sanctions to Mediator pursuant to 10.810(j).
Jacinto L. Puentes
Certification: 26571
Case Number: MQB 2012-001
Case Type: Failure to report conviction/Good Moral Character
MQB 2012-001 Puentes Order and Sanctions
Summary:
Sanctioned by Order Accepting Admission to Charges, and Stipulation to Imposition of Sanctions entered on April 9, 2015. The Mediator admitted the allegations and agreed to: be decertified as a Florida Supreme Court certified circuit mediator; not apply for any certification as a mediator until five years after the restoration of his civil rights; not conduct any mediations in Florida until he obtains Florida Supreme Court mediator certification; and waive all rights to seek review under the Florida Rules for Certified and Court-Appointed Mediators.
Findings: The Mediator fails to possess good moral character for continued Florida Supreme Court circuit court mediator certification by virtue of his conviction for conspiracy to commit mail fraud; he pled and was adjudicated guilty and was sentenced to federal prison for 60 months; he failed to report his conviction to the DRC within 30 days of the date of the conviction.
Florida Rules for Certified and Court-Appointed Mediators Violated:
10.110, Good Moral Character
10.130(b), Notification of Conviction
William Todd Lax
Certification: 24557R
Case Number: MQB 2013-005
Case Type: Circuit
MQB 2013-005 Lax Order and Sanctions
Summary:
Sanctioned by Order Accepting Admission to Formal Charges and Imposing Sanction entered October 17, 2014. Sanctions include a one year suspension of the mediator’s circuit certification during which time he shall not serve as a mediator; completion of eight hours of CME ethics courses; reading all MEAC opinions relevant to the Formal Charges; writing a reflective statement regarding the mediator’s understanding of the ethical violations which gave rise to the grievance; and permanently ceasing to send, personally or through any other entity, solicitation letters to homeowners for mediation services.
Findings: The mediator authored and prepared solicitation letters for use by his corporation to homeowners who were parties to mortgage foreclosure proceedings. The letters stated “[a]lthough Florida law provides you with the right to request mediation, you must take immediate action to exercise this right. If you are interested in attempting to settle this foreclosure with your lender, you must send a written request to your Judge asking for your case to be sent to court-ordered mediation.” The letters were generally accompanied by form Requests for Mediation for execution by the homeowners and Orders of Referral of Mediation for execution by the presiding judge. The forms were also authored by the mediator for use by the company and routinely contained provisions designating the company to serve as the mediation administrator. The letters were coercive because they suggested to homeowners that their rights to request mediation might be lost unless they immediately executed the Request for Mediation, and the language of the letters suggested homeowners could not select other mediation administrators and/or mediators at another time. The solicitation letters and an information sheet also authored by the mediator suggested bias or favoritism by representing that the company had “helped countless homeowners reach resolution of their foreclosure cases” and the firm’s mediations had the effect of “positively impacting the lives of countless Florida homeowners.” The mediator continued to allow and/or authorize the use of solicitation letters which represented to homeowners that the company serves as a program manager of the Residential Mortgage Foreclosure Mediation Program (RMFM) for the courts of Florida after the termination of the statewide RMFM Program and the company’s termination as the Program manager for two judicial circuits.
Florida Rules for Certified and Court-Appointed Mediators Violated:
10.310(b), Self-Determination
10.330(a), Impartiality
10.610(a),(e), (f), Marketing Practices
10.620, Integrity and Impartiality
Karen A. Watson
Case Number: QCC 2012-014
Case Type: Good Moral Character
QCC 2012-014 Watson Order and Sanctions
Summary:
On June 30, 2014, the Hearing Panel entered an Order accepting the Applicant’s admission to the formal charges and stipulating to the imposition of sanctions. Sanctions include denial of Applicant’s application for certification as a Florida Supreme Court circuit and family mediator; Applicant will not mediate in a court or private setting until she is certified; and Applicant is not allowed to apply for such certification for a minimum of 5 years from June 30, 2014.
Findings: The Hearing Panel found the Applicant lacks the good moral character required by rule 10.110, Florida Rules for Certified and Court-Appointed Mediators. As the mediation coordinator for a law firm, the Applicant referred at least 80 cases to her brother-in-law resulting in payment to him of over $30,000, without disclosing the relationship to the law firm. Twenty-six of the referrals were prior to the brother-in-law becoming a Florida Supreme Court certified circuit mediator. The applicant exposed the firm to possible financial loss when she processed invoices for payment to her brother-in-law and he was paid by the law firm in twenty-six cases prior to the mediations occurring. Some of those mediations had to be rescheduled and may not have been performed by the brother-in-law or his mediation business.
Florida Rules for Certified and Court-Appointed Mediators Violated:
10.110, Good Moral Character
Ronald Weeks
Certification: 28384R
Case Number: MQB 2012-018
Case Type: Conflict of Interest
MQB 2012-018 Weeks Order and Sanctions
Summary:
On June 2, 2014, the Hearing Panel entered an Order accepting the Mediator’s admitting to the formal charges and stipulating to the imposition of sanctions. Sanctions include a six month suspension of his circuit court mediator certification during which time he will not mediate privately or in a court-annexed setting; attending 6 hours of CME on ethics, impartiality, and conflict of interest after advance approval of the courses by the DRC Director; reading and reviewing all MEAC opinions on those same topics; and writing a reflective statement regarding what he learned from the opinions and CME courses.
Findings: The Mediator mediated cases in which he had a conflict of interest as a result of a financial and family interest relating to a mediation participant. The mediator was hired by his sister-in-law who was the mediation coordinator for a law firm representing plaintiffs in mortgage foreclosure actions. The Mediator conducted more than 100 mediations in which the law firm was counsel of record and a participant, resulting in payment to him of more than $30,000 in a one month period. The Mediator did not disclose the conflict of interest or the extent of his financial relationship with the law firm to the mediation participants. The law firm was a mediation participant. The Mediator was in violation of rule 10.610 by representing himself as a certified mediator prior to becoming certified, indicating “Certified Circuit Court Mediator” without identifying the entity issuing his certification, and stating that he was a “Florida Supreme Court Certified Mediator” in invoices without identifying that his certification was for circuit court.
Florida Rules for Certified and Court-Appointed Mediators Violated:
Rule 10.340(a), (b), Conflicts of Interest
Rule 10.610(b), (c), Marketing Practices
Stephen D. Woodin
Certification: 18549C
Case Number: MQB 2012-012
Case Type: Marketing
MQB 2012-012 Woodin Order and Sanctions
Summary:
Sanctioned by Order Accepting Admission to Formal Charges and Imposing Sanction entered November 6, 2013. Mediator admitted allegations of Formal Charges and agreed to immediately and permanently cease to advertise and offer the course “Personal Safety & Family Protection” or any similarly-related course to mediators for continuing mediator education (CME) credits. Any default in the agreement by the mediator will result in the matter returning to the Mediator Qualifications Board for further action.
Findings: Mediator offered the course “Personal Safety & Family Protection” for seven hours of CME credit to train mediators in self-defense, gun target practice, and to qualify the participants for a concealed firearms permit. The mediator advertised the course as having been approved for CME credit when there is no approval process for CME. The course did not enhance a participant’s professional competence as a mediator, nor did it constitute an organized program of learning directly related to the practice of mediation as required by In re Procedures Governing Certification of Mediators, Fla. Admin. Order No. AOSC11-1(January 10, 2011). The mediator failed to engage in forthright business practices supporting the advancement of mediation and advertised false or misleading information by using the word “approved” in his advertising. The course subject matter did not meet the requirements of CME and demeaned the dignity of the mediation process. The mediator posted an online biography stating that he is a Florida Supreme Court Certified Mediator without identifying at least one area of certification he holds.
Florida Rules for Certified and Court-Appointed Mediators Violated:
10.600, Mediator's Responsibility to the Mediation Profession
10.610(a), (b), (f), Marketing Practices
Allan J. Weltman
Certification number: 11202
Case number: MQB 2012-005
Case type: Family
MQB 2012-005 Weltman Order and Sanctions
Summary:
Sanctioned by Order Accepting Admission to Formal Charges and Imposing Sanctions entered June 11, 2013 – four hours of continuing education credits on ethics pertaining to business practices, providing services not directly related to the mediation process, fees, and integrity and impartiality; two hours of education regarding the unlicensed practice of law; and submit a reflective report on what was learned from the experience. All courses to be pre-approved by DRC Director.
Findings: The mediator charged the parties in excess of the time actually spent on their mediation and refused to give them a refund; he failed to provide the parties with a prior written explanation of fees and/or costs for which he later billed; he failed to provide the complainant with an accounting of his billed fees and costs upon her request; he charged the parties for a courier service that was not used; during a family law mediation the mediator attempted to procure bankruptcy documentation preparation services from the parties; and the mediator drafted or re-drafted dissolution pleadings for filing with the court by the parties.
Florida Rules for Certified and Court-Appointed Mediators Violated:
10.110(b), Good Moral Character
10.300, Mediator’s Responsibility to the Parties
10.340(d), Conflicts of Interest
10.380, Fees and Expenses
10.600, Mediator’s Responsibility to the Mediation Profession
10.620, Integrity and Impartiality
Les Paul Sternberg
Case Number: QCC 2011-058
Certification: Denied
Case Type: Good Moral Character
QCC 2011-058 Sternberg Order and Sanctions
Summary:
Sanctioned by Decision entered March 22, 2013 – application for certification as a Florida Supreme Court Circuit Court Mediator denied and costs awarded to the Dispute Resolution Center and taxed against the applicant in an amount to be determined based on the submission of an affidavit of costs incurred.
Findings: Found not to possess good moral character due to the applicant’s entering into plea agreements regarding charges of grand theft in 1994 and 1995 arising from the applicant’s misappropriation of trust account funds of $90,000.00 and $24,000.00 in his role as an attorney. The applicant was suspended from the practice of law in Florida in 1993 and resigned from the Florida Bar in 1994 in lieu of disciplinary proceedings. In 2001, the applicant was charged with grand theft involving $50,773.00 and the violation of his 10 year probation. In 2002, the applicant was charged with extortion by threat and tampering with a witness-victim, to wit his ex-wife. He pled guilty to tampering with a witness and subsequently served 364 days in the Broward County jail, completed one year of community control and 5 years of probation, and paid $50,773.00 in restitution.
Florida Rules for Certified and Court-Appointed Mediators Violated:
10.110, Good Moral Character
Richard R. Nevitte, Jr.
Case Number: QCC 2011-072
Case Type: Good Moral Character
QCC 2011-072 Nevitte Order and Sanctions
Summary:
Sanctioned by Order entered March 6, 2013 - denial of Mediator's application for certification as a Florida Supreme Court Circuit Court Mediator; not allowed to again apply for such certification for a minimum of 5 years from March 13, 2013; and ordered to pay the Dispute Resolution Center (DRC) $2,055.00 in costs within 30 days of March 13, 2013.
Findings: The Qualifications Complaint Committee (QCC) found probable cause to believe the Mediator lacks the good moral character required by rule 10.110, Florida Rules for Certified and Court-Appointed Mediators, due to a series of fraudulent acts from 1988 through 1991 connected to his purchase of a used Jaguar XJ-6. While employed as a trial attorney with the U.S. Dept. of Justice, he obtained a loan based on a fraudulent bill of sale; underpaid sales tax on the car; arranged to have the car stolen, made a false police report, submitted two fraudulent insurance claims; and underpaid personal property taxes on the car. He pled guilty to conspiracy to commit bank fraud and mail fraud, and failed to notify the Virginia, District of Columbia, and Louisiana Bars that he had been convicted of a felony. His application for reinstatement to the Louisiana Bar was denied and the Florida Bar denied his application for admission.
Florida Rules for Certified and Court-Appointed Mediators Violated:
10.110, Good Moral Character
George J. Lawler
Certification Number: 18409CF
Case Number: QCC 2011-039
Case Type: Good Moral Character
QCC 2011-039 Lawler Order and Sanctions
Summary:
Sanctioned by Decision entered October 22, 2012 – Decertified as a family and county mediator and permanently barred from certification in any other areas.
Findings: Found not to possess good moral character because of failure to report an extensive disciplinary history as a practicing attorney within the state of Connecticut and false or misleading statements made to the Director of the Dispute Resolution Center concerning inquiries connected to his disciplinary history. The mediator failed to appear at the hearing after notice was duly provided.
Florida Rules for Certified and Court-Appointed Mediators Violated:
10.110, Good Moral Character
William J. Jatczak
Certification Number: 17792C
Case Number: MQB 2010-010
Case Type: County
MQB 2010-010 Jatczak Order and Sanctions
Summary:
Sanctioned by Decision entered May 10, 2012 – Six hours of continuing education credits on the subjects of demeanor, impartiality, balanced process and sensitivity; submitting a reflective report following the CMEs; observation of five separate mediations by five mediators-must not be credit union or credit card collection mediations and imposition of costs of the proceeding. All courses and observations to be pre-approved by DRC Director.
Findings: The mediator did not conduct a balanced process, did not act in a dignified manner, gave the appearance of partiality and did not show sensitivity toward the complainant parties; specifically in his comments about the complainant’s appearance, her jewelry and the possible outcome of the case.
Florida Rules for Certified and Court-Appointed Mediators Violated:
10.300, Mediator’s Responsibility to the Parties
10.350, Demeanor
Bruce Morosco
Certification Number: 25406CFR
Case Number: QCC 2010-048j
Case Type: Good Moral Character
QCC 2010-048 Morosco Order and Sanctions
Summary:
Sanctioned by Decision entered March 23, 2012 – Decertified for a period of at least three years from all current certifications and denied certification as an appellate mediator.
Findings: The mediator lacks the good moral character required by Rule 10.110 as shown by his pattern of intimidation of his wife and after the period of their marriage, his activities which led to the issuance against him of the injunction against domestic violence, and his violation of the injunction.
Florida Rules for Certified and Court-Appointed Mediators Violated:
10.110, Good Moral Character
Consensual Agreement Case No. MQB 2011-013
Summary of Sanctions
On July 5, 2012, Mediator agreed to complete 10 hours of additional CME specifically on the subjects of demeanor, impartiality, a balanced process and dealing with high conflict parties, observe 3 separate, non-credit union or non-credit card mediations, and submit a reflective report on what was learned from the experience. Findings: The Grievance Complaint Committee (GCC) found probable cause to believe the mediator violated the Florida Rules for Certified and Court Appointed Mediators, Rules 10.330(a), 10.350, and 10.370(c). The GCC found the mediator did not act impartially in his actions toward the complainant; his manner and speech were inappropriate and his demeanor toward the complainant and her partner was harsh. Further, the mediator offered legal advice. UPDATE: Mediator did not comply with the terms of the agreement and resigned permanently as a mediator.
Consensual Agreement Case No. MQB 2010-012
Summary of Sanctions
On August 22, 2012, Mediator agreed to complete 4 hours of additional CME specifically on the topics covering Rule 10.310(a) & (b) Self Determination, Rule 10.350 Demeanor and Rule 10.370 Advice, Opinion and Information. Additionally, the mediator must submit a reflective report of no less than 3 pages on insights gained. Findings: This case stemmed from a family matter involving child custody. The complainant was not represented by counsel at the mediation but brought a friend for moral support. The former husband was represented by counsel during the mediation.
The Grievance Complaint Committee (GCC) interviewed the mediator and complainant and had an independent investigation conducted. The GCC found cause to believe the mediator violated the Florida Rules for Certified and Court Appointed Mediators by not allowing the complainant to have a friend join her in the mediation (without asking the other side if they objected), by indicating his opinion as to how the court would rule, by treating the complainant harshly, by speaking to the complainant in a loud and intimidating voice, and by treating the complainant in a demeaning manner. In lieu of pending probable cause, the GCC offered sanctions to the mediator by agreement.
Consensual Agreement Case No. MQB 2011-005
Summary of Sanctions
Mediator agreed to permanently relinquish her certifications as a mediator and agreed not to mediate either privately or in a court setting on March 21, 2012. Findings: The mediator referred the complainant to a specific attorney, was present with the complainant at the meeting with the attorney and acted as complainant’s interpreter, charged excessive fees for mediation services and entered into a relationship with the ex-husband of the complainant, who was the other party to the mediation.
Jason T. Banks
Certification Number: 20581F
Case Number: MQB 2010-001
Case Type: Family
MQB 2010-001 Banks Order and Sanctions
Summary:
Sanctioned by Decision entered November 10, 2011- Decertified and barred from mediating in the State of Florida and under the Rules for Certified and Court Appointed Mediators.
Findings: Mediator failure to maintain impartiality and avoid conflict of interest and to maintain business practices that reflect fairness, integrity and impartiality due to his friendship with one mediation participant (wife) while assuming an adversarial position to the other participant (husband) by giving advice and counsel to the participant wife prior to the institution of legal proceedings and during legal proceedings. In addition, the mediator untruthfully responded to the Florida Dispute Resolution Center that he did not mediate when evidence to the contrary was proven and the mediator improperly attempted to influence one of the parties to obtain a dismissal of the DRC Complaint.
Florida Rules for Certified and Court-Appointed Mediators Violated:
10.110, Good Moral Character [erroneously referred to as 10.800 in Decision and Disposition]
10.300, Mediator’s Responsibility to the Parties
10.340(a), (b), Conflicts of Interest
10.600, Mediator’s Responsibility to the Mediation Profession
10.620, Integrity and Impartiality
Craig R. Steinberg
Certification Number: 20589R
Case Number: MQB 2010-006
Case Type: Circuit
MQB 2010-006 Steinberg Order and Sanctions
Summary:
Sanctioned by Decision entered September 12, 2011 – Decertified and barred from serving as a mediator under the Rules for Certified and Court-Appointed Mediators.
Findings: Found not to possess good moral character because of repeated misrepresentations on his application for certification, in resumes, web sites and other marketing materials and to the public regarding his background and qualifications implying or stating he was an attorney, member of the Florida Bar; stating his prior occupation was as a judge and that he was now a retired judge and advertising he was certified prior to obtaining his certification.
Florida Rules for Certified and Court-Appointed Mediators Violated:
10.110, Good Moral Character
10.310(c), Self Determination
10.600, Mediator’s Responsibility to the Mediation Profession
10.610(a), (d), Marketing Practices
Mitchell A. Blum
Certification Number: 17981F
Case Number: MQB 2009-006
Case Type: Family
MQB 2009-006 Blum Order and Sanctions
Summary:
Sanctioned by Decision entered February 26, 2010 – Relinquishment of Certification as a Florida Supreme Court mediator with agreement never to reapply for certification as a mediator in the State of Florida.
Findings: Did not enable parties to effectively participate in the mediation process, did not perform mediation services in a timely fashion, did not return a fee for drafting of agreement although no agreement was reached, and failed to maintain records necessary to support charges for services.
Florida Rules for Certified and Court-Appointed Mediators Violated:
10.120(a), Notice of Change of Address or Name
10.380(c), (d), Fees and Expenses
10.430, Scheduling Mediation
Samir Gustavo Jerez
Case Number: QCC 2007-020 (20g)
Case Type: Good Moral Character
Summary:
On October 6, 2008, the Hearing Panel entered its Sanctions by Findings and Conclusions of the Panel denying Applicant’s application for Florida Supreme Court county and family mediator certification.
Findings: On the Applicant’s initial application for county and family certification, he disclosed that he pled no contest to and adjudication was withheld in two separate incidents: in 1990 for the felony charge of keeping a house of ill fame, a felony involving moral turpitude, and in 1998 for the felony charge of aggravated assault with a weapon, a firearm. The hearing panel found the Applicant did not accept any responsibility for his actions regarding the house of ill fame, and instead cast responsibility on his business partner, who was his wife at the time; the Applicant’s explanation and justification for the actions leading to his arrest and conviction for assault demonstrated a lack of judgment and an inability to maintain neutrality when attempting to resolve conflict; and the Applicant was a mature adult, 25 and 32 years of age, at the time of the incidents.
Florida Rules for Certified and Court-Appointed Mediators Violated:
10.110, Good Moral Character
Robert O. Wilhelm
Case Number: QCC 2001- 015a
Case Type: Good Moral Character
Summary:
In November 2001, the hearing panel entered a Findings of the Panel and Sanctions. Sanctions included the mediator being on probation for one year during which time the panel retained jurisdiction; suspension from conducting mediations for nine months; compliance with the mediator’s Florida Lawyer Assistance contract in effect at the time and consent to release any reports of non-compliance to the DRC; no consumption of alcohol or any controlled substances; commission of no new violations of the law or of probation; completion of 100 hours of community service to be coordinated with the director of the DRC; completion of all required continuing mediator education requirements; and observation of two circuit mediations conducted by a Florida Supreme Court certified circuit mediator and conducting two mediations under the observation of a Florida Supreme Court certified mediator as coordinated by the DRC director.
Findings: When the mediator submitted his renewal form, he disclosed that he had been convicted of two first degree misdemeanors since submitting his most recent mediator certification renewal. The hearing panel found that the mediator failed to possess good moral character as required by rule 10.110(b) based in part on the mediator’s lengthy record of arrests and convictions for driving under the influence of intoxicating substances; the mediator violated the terms of his criminal probation, a condition of which was the completion of an inpatient detoxification program, by failing to report to his probation officer for testing, leaving the detoxification program early without permission, consuming alcoholic beverages while on probation, and purchasing firearms; and the mediator was less than candid with the DRC and the MQB in relation to his complete criminal history.
The mediator failed to complete the sanctions within the required time. A decertification hearing was held pursuant to rule 10.830(b) and the mediator was decertified on January 27, 2003. The mediator appealed to the Florida Supreme Court, and then submitted a voluntary dismissal of the appeal which the Court accepted.
On August 1, 2005, the mediator submitted a Petition for Reinstatement as a Mediator. A hearing panel reviewed the Petition and additional documentation and found that the mediator should be reinstated effective December 30, 2005.
Florida Rules for Certified and Court-Appointed Mediators Violated:
10.110, Good Moral Character
Mark London
Certification Number: 8473
Case Number: MQB 2005-002
Case Type: Family
Summary:
On June 30, 2006, Mediator received a written reprimand from the Hearing Panel. While recognizing that the mediator was no longer Florida Supreme Court certified, the Panel strongly suggested that if the mediator chose to continue mediating pursuant to the agreement of parties, he should complete additional training on the ethical standards for mediators.
Findings: The Hearing Panel found that there was clear and convincing evidence to support a violation of rule 10.090(d). The mediator gave his personal and professional legal opinion regarding the disposal of the couples’ frozen embryos and how the judge in the case would rule if the case went to trial. The Panel also expressed concern regarding the length of the mediation session which lacked adequate breaks considering the nature of the issues and emotions involved.
Florida Rules for Certified and Court-Appointed Mediators Violated:
10.090(d), Professional Advice
Ramon David Feliu
Certification Number: 4508
Case Number: MQB 2004-002
Case Type: Family
Summary:
On October 18, 2004, the Complaint Committee issued a written reprimand* for the violation of rule 10.520.
Findings: The Complaint Committee expressed concern that during the Mediator’s full time employment as a mediator he did not comply with the requirements related to maintaining his Florida Supreme Court certification, and was actively working and conducting court-referred mediations for six months after his certification lapsed. However, because the Mediator completed a new Florida Supreme Court certification training and was reinstated as a Florida Supreme Court certified mediator after the filing of the grievance, the Complaint Committee opted not to pursue action beyond the written reprimand.
Florida Rules for Certified and Court-Appointed Mediators Violated:
10.520, Compliance with Authority
* This is a 2004 case; no written reprimand would be permitted by a complaint committee currently (2015) as it constitutes a “sanction” and sanctions can only be imposed by a hearing panel. A complaint committee only has jurisdiction to enter into a consensual agreement. As of approximately 2010, the DRC, in case such as this, utilizes an Order of Non-Referral authorized by Rule 10.810(m).
John C. Briggs
Certification: 9856R
Case No.: MQB 2003-003
Case Type: Circuit
Summary:
On May 3, 2005, the Hearing Panel entered its Findings of the Panel imposing the following sanctions: a written and oral reprimand of the Mediator; in addition to the continuing education requirements for renewal, completion of six hours of continuing mediator education in mediator ethics; and costs of the investigation and prosecution. After dismissing the mediator’s request for a rehearing, the Hearing Panel imposed the sanctions.
Findings: The panel found the mediator failed to provide fee information concerning charges for lunch in the Mediator’s engagement letter, and the mediator was personally responsible for compliance with the Florida Rules for Certified and Court-Appointed Mediators where the engagement letter was signed by his assistant.
Florida Rules for Certified and Court-Appointed Mediators Violated:
10.380(c), Fees and Expenses
Contact the DRC
For additional information please contact the Dispute Resolution Center at 850-921-2910 or at DRCMail@365dafa6.com.