§ 42-43. Mediation of complaints.

(a)

Scheduling and appointment of mediator. Within 20 days of the respondent's receipt of the complaint, the administrator shall cause contact to be made with the respondent and complainant for the scheduling of mediation for possible resolution of the complaint. In addition, the administrator shall forward a copy of the complaint, answer and any amendments thereto to the director of Palm Beach County Legal Aid Society, Inc., with a request for the appointment of a mediator.

(b)

Mediator. Any mediator appointed by Palm Beach County Legal Aid Society, Inc., shall serve without compensation, shall be a member of the Florida Bar, and shall have knowledge, skills, and abilities in mediation.

(c)

Mediation hearing and report. The mediator shall schedule a mediation hearing, with notice to the complainant, respondent and administrator, and provide the results of the mediation efforts to the administrator within 30 days of receiving the mediation assignment. If the mediation results in the resolution of a complaint, the mediator shall prepare an agreement to be signed by all parties. Such agreement shall be enforceable in a court of competent jurisdiction by either party. If mediation fails to resolve a complaint, then the mediator shall issue a notice of failure to conciliate.

(d)

Inadmissibility of mediation statements. Statements of parties made during the mediation process to the mediator shall not be admissible in any subsequent proceedings for any purpose.

(e)

Dismissal upon successful mediation. The administrator shall not proceed further on any complaint where the mediator submits an agreement and final report indicating the resolution of the matter.

(Code 1979, § 34-13)