Pursuant to Florida Statute 44.1011, judges have the authority to order
most types of contested civil cases to mediation prior to trial. Mediation
is statutorily defined as "... A process whereby a neutral third
person called a mediator acts to encourage and facilitate the resolution
of a dispute between two or more parties".
The
mediation conference is informal, confidential and nonadversarial. The
conference takes place in a private conference room either at the courthouse
or perhaps at one of the attorneys' offices. Mediation conferences are
conducted prior to the trial date/ final hearing, in an effort to give
the parties an opportunity to negotiate and resolve their case without
the added expense and stress of trial.
The
purpose of mediation is to open up lines of communication and to explore
all possibilities of settlement in order to resolve the dispute. The
role of the mediator includes, but is not limited to, assisting the
parties in identifying the issues, fostering joint problem solving,
and exploring settlement alternatives. If the parties reach a settlement
in mediation, the mediator draws up a written agreement for the parties
and their attorneys to sign. The original agreement is then filed in
the Court file and the parties are given a copy. The Court is then notified
by the Mediation Program that the case has settled.
Mediator
training is offered by the Florida Supreme Court and also by various
local universities and private mediation trainers. In order to become
certified an individual must take a course that is approved and certified
by the Florida Supreme Court and then participate in a mentorship program.
Each area of expertise has different requirements and a different certification
course that must be completed. For example, a certified family mediator
cannot mediate circuit civil cases (unless they are also certified in
circuit civil mediation) and visa versa.
Family Mediation Model
Implemented March 1, 2005
Pinellas County
Effective March 1, 2005, the mediation model pursuant to 44.108 Florida Statutes was implemented in Pinellas County. Administrative Order 2005-005 will govern the family and civil mediation program. As of March 3, 2008, changes were made to the court provided family mediation program due to budget reductions. Those changes are established in Administrative Order 2008-010.
The Mediation Model was implemented in Pasco County on July 1, 2005.
Through funding for the State Court System, the Sixth Judicial Circuit implemented 44.108 Florida Statutes, with a mediation model that provides paid family and county civil mediation services to certain parties. For each case referred to family or county civil mediation, parties eligible for court-provided mediation shall select either a privately retained mediator or court-provided mediation services. To determine eligibility for court-provided family mediation services, and the appropriate fee that each party must pay, each party must submit a current Florida Family law Financial Affidavit or an Income Statement to the Program within ten days of the order of referral.
Florida Family
law Financial Affidavits can be obtained here:
Family
Law Financial Affidavit Short Form
Income Statement
Affidavit
for Establishing Mediation Fees
When the parties are deemed eligible for court-provided family mediation, the Clerk of Circuit court will collect the following mediation fees:
- Eighty dollars ($80.00) per party per session when the parties’ combined gross income is greater than $50,000.00, but less than $100,000.00 per year;
- Forty dollars ($40.00) per party per session when the parties’ combined gross income is less than $50,000.00 per year.
Any party may pay any other party’s mediation fee. A mediation fee collected from any party is non-refundable. The fees are remitted to the Department of Revenue for deposit in the state courts’ Mediation and Arbitration Trust fund. The clerk may deduct $1.00 per fee for a processing fee.
Parties that are not eligible for court-provided mediation and eligible parties that opt for private mediation may select their own mediator. In such cases, the parties shall compensate the mediator at the rate agreed to by the mediator and the parties. Whether the mediator is selected by the parties or by the Program, in the absence of a written agreement providing for he mediator’s compensation, the mediator shall be paid at the rate of not more than $150.00 per hour. You may refer to The Mediation Process – Instructions for Family Law Cases for further details concerning the requirements for court-provided family mediation services, private mediation, and procedures applicable to both.
Automatic Referrals to Family Mediation
Pursuant to Administrative Order 2006-062 and Administrative Order 2008-010, all post judgment matters and all initial hearings on temporary relief matters in original petitions, shall be automatically referred to mediation prior to a hearing on the matter, except for cases excluded by Paragraph 2.
Cases excluded from automatic referral to mediation are those where the Department of Revenue is a party, and any case seeking contempt for failure to pay court-ordered or stipulated child support, or court-ordered or stipulated alimony. Upon motion or request of a party, a court shall not refer any cases to mediation if it finds there has been a history of domestic violence that would compromise the mediation process, or for other good cause shown.
You may refer to the Instructions for Automatic Referrals in Family Law Cases for further information concerning requirements for court provided mediation, private mediation, and procedures applicable to both.
An Affidavit Re Objection to Referral to Family Mediation is available from the Mediation Program for objecting to the automatic referral.
A general income statement for the sole purpose of determining eligibility for court provided mediation is also available from the Mediation Program.
Court Contracted Family Mediators – Pinellas County
Court-provided mediation services are provided by court contracted family mediators certified by the Florida Supreme Court. Recruitment of the family mediators in Pinellas County was finalized May 2007. There is currently no open list . It will be reopened for selection as needed. The mediators are paid by the State of Florida for their services.
County Civil Mediation Model – Pinellas County
In county civil cases, the presiding judge will determine whether parties have the ability to pay for a mediator’s service or if the parties are eligible for court-provided mediation. If the parties are deemed eligible for court-provided mediation, the mediation fee shall be Forty dollars ($40.00) per party per session.
You may refer to The Mediation Process - Instructions for County and Small Claims (excluding pretrials) for further details concerning policies and procedures. No mediation fees will be assessed for any small claims actions. Any party may pay any other party’s mediation fee. A mediation fee collected from any party is non-refundable.
If parties are eligible for court-provided mediation they may select a county mediator from the list of court contracted mediators, certified by the Florida Supreme Court. The selection process to add court contracted mediator s to the list is opened periodically as needed. Court contracted mediators are paid by the State of Florida.
In Pinellas County, the mediation program has staff in two locations:
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St. Petersburg Mediation Office
501 First Avenue North, Room 420
St.Petersburg, FL 33701
(727) 582-7206
FAX (727) 582-7562 |
Clearwater Mediation Office
315 Court Street, Room 401
Clearwater, FL 33756
(727) 464-4947
FAX (727) 464-3100
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