Avoid the “Failure to Appear” Trap: A Checklist for Rule 1.720 Compliance
Florida courts are increasingly strict regarding physical (or authorized virtual) presence. Rule 1.720(f) mandates sanctions, including attorney’s fees and mediator costs, for a party’s failure to appear without good cause.
Ensure your Certification of Authority is filed and served at least 10 days prior to the conference. A missing certificate creates a rebuttable presumption of a failure to appear.
What Counts as Appearance
Under Rule 1.720(b), “appearance” means physical attendance at the mediation by the party (or its representative with full settlement authority), party’s counsel, and any necessary insurer representative. Virtual appearance is permitted when the parties agree or the court orders it, but the rule remains strict on the authority requirement.
The 10-Day Rule
At least 10 days before the conference, each party must file with the court and serve on opposing counsel the “Certification of Authority” identifying the party representative and confirming their settlement authority. This filing creates the record. Skipping it creates the rebuttable presumption of non-appearance, even if the right person actually shows up.
Sanctions in Practice
Florida courts now routinely impose attorney’s fees and the full mediator’s fee on the non-compliant party. In recent appellate decisions, sanctions have included default judgments in egregious cases.
A Pre-Mediation Checklist
Confirm the right representative is identified. Confirm settlement authority in writing from the entity. File the Certification of Authority by day -10. Serve opposing counsel and the mediator. Confirm appearance method (in-person or virtual) at least 5 days before. Have a contingency plan for unexpected scheduling conflicts, including a continuance motion ready to file.
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