Cameras On: Proposed Rule 1.700 Amendment Would Require Video in Remote Florida Mediations

Florida’s civil mediation rule already allows sessions to be conducted through communication technology, but it has never said whether the participants must actually be seen ². A proposal now before the Florida Supreme Court would settle that question. The Florida Bar’s Civil Procedure Rules Committee, in Case No. SC2025-2041, has asked the Court to amend Florida Rule of Civil Procedure 1.700, the rule common to mediation and arbitration, so that any court-ordered or stipulated use of communication technology must include both audio and video ¹.

What the proposed amendment says

Under the current text, an order of referral or a written stipulation may call for the mediation or arbitration to happen in person, by communication technology (a term that Rule 2.530 of the Florida Rules of General Practice and Judicial Administration defines), or through some mix of both. Absent direction in the order of referral, the proceeding is conducted in person ².

The proposed rewrite keeps the in-person default. It lets the parties agree, or the judge direct, that the proceeding take place through communication technology, and it then adds a new sentence: “The communication technology must include both audio and video unless all parties stipulate or the judge finds cause” ².

The amendment also modernizes the rule’s language without changing its basic structure. “Shall” becomes “must” throughout, “pursuant to” becomes “under,” and the 15-day windows for a motion to dispense with or to defer mediation or arbitration remain in place ². Mediation or arbitration continues to be tolled while a motion to defer, or a motion to disqualify the mediator or arbitrator, is pending ².

What it would mean for remote sessions

If the Court adopts the proposal as written, a participant who joins by telephone only would fall outside the rule unless every party has agreed to that arrangement or the court has found cause ². The exception is drafted narrowly. It calls for a stipulation of all parties, not only the two sides most directly involved, or a judicial finding ².

That framing raises planning questions counsel can begin addressing now, before any rule change takes effect:

• Whether an order of referral or a stipulation to mediate remotely should expressly address audio-only participation by a party, an adjuster or a corporate representative who may be traveling or working with limited connectivity.
• Whether each party representative with settlement authority will have a device and a connection that can sustain video for the full length of a session, including time spent in private caucus.
• How interpreters, co-counsel and other attendees will appear, since the proposed sentence speaks to the communication technology used for the proceeding as a whole ².

None of these questions requires waiting for the Court. A short paragraph in the stipulation or the notice of mediation confirming that cameras will be on, or identifying anyone who has been excused, can prevent a dispute at the start of a session.

Comment period and next steps

The Court has invited all interested persons to comment on the proposal. Comments must be filed on or before May 1, 2026, with a certificate of service on the committee co-chairs and the Bar staff liaison, and the committee chair has until May 22, 2026, to respond to any comments filed ¹. Attorneys in good standing with The Florida Bar must file comments through the Florida Courts E-Filing Portal, and anyone who wishes to participate in any oral argument the Court may schedule must file a separate request ¹. The full text of the proposed rule, with deletions and additions marked, is reproduced in the Bar’s published notice ².

Until the Court acts, the existing version of Rule 1.700 controls, and the terms of each order of referral or stipulation remain the best guide to how a particular remote mediation must be conducted ². Practitioners and mediators who conduct sessions by video may want to review the proposal and decide whether to comment before the May 1 deadline ¹.

Tony Roca, a Florida Supreme Court Certified Circuit Civil and Family Mediator, conducts mediations by Zoom statewide. Counsel can check his live availability and book a mediation online.