Mediators are fond of saying that the first rule of mediation is “self-determination” — the right of a party to make his or her own decisions about how to resolve a pending dispute.

Ironically, the Florida Supreme Court's Committee on Alternative Dispute Resolution Rules and Policy has proposed rules that eliminate self-determination in one of the most important aspects of your mediation: the selection of the mediator of your choice.

Recently, the committee invited comments on proposed rules that prohibit mediators that are not currently certified by the Florida Supreme Court from mediating cases that have been filed in court — rules that would sideline many experienced mediators, including retired judges, that have decided, often for very good reasons, not to become or remain certified.