120.573 Mediation of disputes.—Each announcement of an agency action that affects substantial interests shall advise whether mediation of the administrative dispute for the type of agency action announced is available and that choosing mediation does not affect the right to an administrative hearing. If the agency and all parties to the administrative action agree to mediation, in writing, within 10 days after the time period stated in the announcement for election of an administrative remedy under ss. 120.569 and 120.57, the time limitations imposed by ss. 120.569 and 120.57 shall be tolled to allow the agency and parties to mediate the administrative dispute. The mediation shall be concluded within 60 days of such agreement unless otherwise agreed by the parties. The mediation agreement shall include provisions for mediator selection, the allocation of costs and fees associated with mediation, and the mediating parties’ understanding regarding the confidentiality of discussions and documents introduced during mediation. If mediation results in settlement of the administrative dispute, the agency shall enter a final order incorporating the agreement of the parties. If mediation terminates without settlement of the dispute, the agency shall notify the parties in writing that the administrative hearing processes under ss. 120.569 and 120.57 are resumed.
Cited 2 times | Published | Florida 5th District Court of Appeal | 2005 WL 1250217
...Section 120.569(1), Florida Statutes (2003), explains when a proceeding under section 120.57(2) may properly be conducted: The provisions of this section apply in all proceedings in which the substantial interests of a party are determined by an *327 agency, unless the parties are proceeding under s. 120.573 or s....
...120.574. Unless waived by all parties, s. 120.57(1) applies whenever the proceeding involves a disputed issue of material fact. Unless otherwise agreed, s. 120.57(2) applies in all other cases. We are not concerned with mediation proceedings under section 120.573 or summary hearing proceedings under section 120.574....
...We, therefore, reverse the order under review and remand for proceedings pursuant to section 120.57(1). REVERSED AND REMANDED. PETERSON and MONACO, JJ., concur. NOTES [1] Both mediation proceedings and summary hearings are available if the parties agree in writing. § 120.573, Fla....
...r
one of several enumerated provisions of the Act: section 120.56
(rule challenges), section 120.565 (declaratory statements),
section 120.569 (decisions affecting substantial interests), section
120.57 (formal and informal administrative hearings), section
120.573 (mediation of disputes), or section 120.574 (summary
hearings)....