In Re: Nadine Mitchell Case No. QCC 2012-037 Page 2 ·

MEDIATOR QUALIFICATIONS AND DISCIPLINE REVIEW BOARD Southern Division

In Re: Nadine Mitchell Case No. QCC 2012-037

ADMISSION TO CHARGES, AND IMPOSITION OF SANCTIONS

Respondent, Nadine Mitchell, hereby admits and stipulates as follows:

A. The Mediator violated Rule 10.380 (a), (b), and (c), Florida Rules for Certified

and Court-Appointed Mediators, relating to charging fees and expenses, based on the

following allegations of fact:

1. The Mediator conducted numerous mediations for the law firm of Phelan

Hallianan PLC during the period between April, 2011 and November, 2012. The Mediator

billed for and received payments for fees which did not conform to advertised rates.

2. In addition, the Mediator billed for and received reimbursement for costs

which ·did not conform to advertised rates.

8. The Mediator violated Rule 10.600, Florida Rules for Certified and Court-

Appointed Mediators, relating to forthright business practices, based on the following

allegations of fact:

1. The Mediator conducted numerous mediations for the law firm of Phelan

Hallianan PLC during the period between April, 2011 and November, 2012. The

Mediator billed for and received payments for fees which did not conform to advertised

rates.

2. In addition, the Mediator billed for and received reimbursement for costs which did not conform to advertised rates.

C. The Mediator violated Rule 10.610 (a), Florida Rules for Certified and Court-

Appointed Mediators, relating to false or misleading-advertising, based on the following

allegations of fact:

In Re: Nadine Mitchell Case No. QCC 2012-037 Page3

1. The Mediator conducted numerous mediations for the law firm of Phelan

Hallianan PLC during the period between April, 2011 and November, 2012. The Mediator

billed for and received payments for fees which did not conform to advertised rates.

2. In addition, the Mediator billed for and received reimbursement for costs

which did not conform to advertised rates.

D. There is no violation based on the total amount billed, only on the way it was

billed.

Based on the foregoing admissions, Respondent stipulates to the following

sanctions:

1. Suspension for a period of five months be!;j°inning on October 6, 2018,

during which the Respondent will not conduct any mediations in the State of Florida.

2. Participation in 6 hours of Continuing Mediator Education courses on fees,

billing, advertising or ethics. The courses must be approved in advance by the Director of

the Dispute Resolution Center. In order to obtain approval, the Respondent must provide

to the Director, in writing, a list of the courses she intends to attend/listen to/watch. The

Director will respond to this request with approval or denial of the courses. These

In Re: Nadine Mitchell Case No. QCC 2012-037 Page4

additional hours may not be counted toward the required hours of CME for maintaining

mediator certification. The Respondent must provide the Director with proof of completion

of the courses which must be completed within the five month period of suspension.

3. Respondent shall review within the five month period of suspension and

provide to the Director of the Dispute Resolution Center a sworn statement that she has

reviewed the following opinions of the Mediator Ethics Advisory Committee under the

subject matter "business practices":

95-001, 95-004, 95-008, 96-001, 97-005, 98-002, 98-003, 98-006, 99-005, 99-011, 2001-001, 2004-012, 2005-001, 2006-004, 2011-015, 2013-004, 2014-005, 2016-002, 2017-004, 2017-005

4. Upon the acceptance of this admission and stipulation, Respondent waives

all rights to seek review under the Florida Rules for Certified and Court-Appointed

Mediators or to otherwise challenge or contest the validity of this admission and stipulation

and of any final order to be entered by the Hearing Panel or Mediator Qualifications and

Discipline Review Board.

5. The Dispute Resolution Center and Respondent agree that upon acceptance

by the Hearing Panel and/or Mediator Qualifications and Discipline Review Board of this

admission and stipulation, each party shall bear its own attorneys fees and costs.

6. Respondent authorizes the Hearing Panel and the Mediator Qualifications

and Discipline Review Board to review and examine all investigative file materials

concerning Respondent and evidence which the Prosecutor may be prepared to submit at

a hearing in connection with the consideration of this admission and stipulation.

Respondent agrees that consideration of this admission and stipulation and other related

In Re: Nadine Mitchell Case No. QCC 2012-037 Page 5

materials by the Hearing Panel and/or the Mediator Qualifications and Discipline Review

Board shall not prejudice or preclude the Hearing Panel, the Mediator Qualifications and

Discipline Review Board, or any of their members from further participation, consideration,

or resolution of these proceedings if the terms of this admission and stipulation are not

accepted by the Hearing Panel and/or the Mediator Qualifications and Discipline Review

Board.

7. The Dispute Resolution Center agrees that upon acceptance by the Hearing

Panel and/or Mediator Qualifications and Discipline Review Board of this admission and

stipulation, the matters which formed the basis of the Formal Charges and this Admission

and Stipulation will not be used as the basis of future complaints or Formal Charges, or

as the basis for denying renewal throughout the course of Mediator Certification

Renewal(s).

Dated this .S--ll day of September, 2018

STATE OF FL~A COUNTY OFJ/Jq-<!.

J

N?\DINE MITCHELL

Before me, personally appeared Nadine Mitchell, whose identity is known to me by

(type of identification) and who, under oath, acknowledges that she

executed this document voluntarily and for the purposes therein expressed.

Sworn and subscribed before me this 5"'

In Re: Nadine Mitchell Case No. QCC 2012-037

Page 6 K d Id fi /

Personally nown OR Produce enti 1cation. ___ _

roduced El<.¥-'d~ /Jl

R ,ESQ. r N6·ffi55-&r

Attorney for Mediator O'MARA LAW GROUP 221 NE Ivanhoe Blvd., Suite 200 Orlando, Florida 32804 407 898-5151 Mark@omaralawgrouo.com

T N ROSE, ESQ. Attome for Mediator JONATHAN ROSE7P.A. 201 S. Orange Ave., Suite 1017 Orlando, Florida 32801 407 894-4555 Jrose@jonathanrosepa.com

Agreed, pending approval of the Hearing Panel and/or the Mediator Qualifications and Discipline Review Board.

Prosecutor 2828 Coral Way, Suite 540 Miami, Florida 33145 305 443-5212 IJLamel@lamellaw.com