IN THE CIRCUIT COURT, SIXTH JUDICIAL CIRCUIT
IN AND FOR
ADMINISTRATIVE
ORDER NO. 2005-005 PA/PI-CIR
RE: CIVIL
AND FAMILY MEDIATION
The Sixth Judicial Circuit has
provided for various mediation services at least since Administrative Order
88-59 established the Arbitration and Mediation Program in
Section 44.108, Florida Statutes, requires the Clerk of Court to collect fees from parties to fund the mediation model. In accordance with the statute, fees must be collected when court-ordered family mediation services and certain county court mediation services are provided.
Therefore, in order to continue the
existing Sixth Circuit mediation programs and implement changes necessitated by
amendments to § 44.108,
ORDERED:
A. Administration
of the Sixth Judicial Circuit Arbitration and Mediation Program.
1. The existence of the Arbitration and Mediation Program for the Sixth Judicial Circuit, established in Pasco and Pinellas Counties in 1988 for the referral of civil cases; the Family Mediation Division of the Arbitration and Mediation Program in Pinellas County, established in 1991, and the Family Mediation Division of the Arbitration and Mediation Program in Pasco County, established in 1995, are confirmed and considered continued from the stated dates of establishment. This Administrative Order will govern the family and civil mediation program. Administrative Order No. PA/PI-CIR-96-63 will continue to govern arbitration in the Sixth Judicial Circuit. Administrative Order No. PA/PI-CIR-02-37 will continue to govern mediation of juvenile dependency cases. Administrative Order No. PA/PI-CIR-02-64 will continue to govern the Parent Facilitator Program.
2. The Program is under the
direction of the Trial Courts Administrator and shall operate in accordance
with this Order. The Program shall perform such duties as are assigned by the
Chief Judge, the civil, family law, and county court administrative judges in
3. Upon motion or request of any party, the Court will not refer a case to mediation if it finds there has been a history of domestic violence that would compromise the mediation process. The Court on its own motion may determine that a case will not be referred to mediation because of a history of domestic violence.
B. Mediation Program Responsibilities. The Program, as it is referred to in this Administrative Order, means in Pinellas County the Alternative Dispute Resolution Manager and staff and means in Pasco County the Diversion Programs Manager and staff. In support of mediation within the Sixth Circuit, on a continuing basis the Program shall:
1. Provide administrative support to the Court in accordance with the Rules of Civil Procedure, Rules for Certified and Court-Appointed Mediators, Family Law Rules of Procedure and Chapter 44, Florida Statutes;
2.
Establish scheduling policies for court-ordered mediation proceedings;
3. Promulgate the necessary forms for the administration of the Program, including form Orders of Referral to be utilized by the Court in referring cases to mediation;
4. Maintain a list of mediators who are certified by the Florida Supreme Court and who are willing to serve the Court in such capacity in this Circuit;
5. Manage cases referred to mediation;
6. Maintain required statistical information;
7. Perform other functions as described in this and other applicable administrative orders, and such other duties as may be assigned to the Program; and
8. Select mediators for services in accordance with this Administrative Order when parties do not select their own mediator in accordance with Family Law Rule of Procedure 12.741(b)(6)(A) or Rule of Civil Procedure 1.710(f)(1).
C. Conduct
of Mediation.
1. All Mediation: Mediation shall be conducted in accordance with Rule of Civil Procedure 1.700, et seq., Family Law Rule of Procedure 12.740, et seq., Florida Rules For Certified and Court-Appointed Mediators 10.020, et seq., Chapter 44, Florida Statutes, orders of referral, and instructions of the Program regarding the mediation process. All matters regarding mediation, including all motions shall be heard by the presiding judge.
2. Circuit Civil Mediation: The Sixth Judicial Circuit will not offer court-provided mediation as discussed in this Administrative Order. Circuit civil mediation will be conducted in accordance with the order of referral from the presiding court.
3.
Small Claims Mediation:
The Sixth Judicial Circuit may provide Certified County Mediators at no
cost to the parties at small claims pre-trial hearings to mediate any matters
referred by a small claims hearing officer.
Small claims mediation referrals will continue to be governed in
4. Family and County Civil Mediation:
a. For each case referred to family or county civil mediation, parties eligible for court-provided mediation shall select either privately retained mediators or court-provided mediation services. Parties not eligible for court-provided mediation shall select and retain their own mediator and hold a mediation conference in accordance with the order of referral. In accordance with Family Law Rule of Procedure 12.741(b)(6)(A) and Rule of Civil Procedure 1.710(f)(1), eligible and non-eligible parties may choose their own mediator; however, the selection must occur within ten (10) days of the order of referral. If parties fail to select a mediator within ten (10) days of the order of referral, the Program will select a mediator by rotation unless otherwise directed by the applicable administrative judge. For court-provided mediation under this Administrative Order, parties may select a mediator from those mediators under contract with the Sixth Judicial Circuit.
b. In each case referred to mediation, the Program will monitor payments of mediation fees and scheduling and completion of mediation. The Program will notify the parties when court-ordered mediation has not been referred to a mediator within twenty (20) days of the order of referral. The written notice will inform the parties that within ten (10) days of the date of that notice each must either: (i) file financial information with the Program to determine eligibility for mediation, and if eligible for court-provided mediation, provide the Program with evidence of payment of his or her applicable fee; (ii) file financial information with the Program to determine eligibility for mediation and, if not eligible for court-provided mediation, agree on and select a privately retained mediator and schedule a mediation conference; or (iii) agree on and select a privately retained mediator and schedule a mediation conference. If one party has filed financial information with the Program that indicates he or she may be eligible for court-provided mediation, but the other party has not completed any of these actions—(i), (ii) or (iii)—within ten (10) days of the date of the written Program notice, the Program will inform the Court of the party’s failure to cooperate. The Court may set the case for a show-cause hearing or take other action as the Court determines appropriate to facilitate resolution of the case.
c. If no party completes any of the actions in paragraph C.4.b.(i-iii) within ten (10) days of the date of the Program notice, the parties will be deemed ineligible for court-provided mediation. At that time, the Program will select a mediator by rotation from the applicable Florida Supreme Court list of certified Sixth Circuit mediators unless otherwise directed by the applicable administrative judge. The mediator shall be compensated by the parties in accordance with paragraph E. of this Administrative Order. Parties deemed ineligible for court-provided mediation may request reconsideration of that determination from the presiding judge through the Program within ten (10) days from receiving a order of referral to private mediation or from the date of a letter from the Program informing the parties that a private mediator has been selected due to failure to remit fees. Any request for reconsideration must include copies of all required forms from all parties and a statement of good cause showing why the request should be granted.
d. When the parties in a suit have been determined eligible for court-provided mediation and at least one party is either indigent or has paid the required fees pursuant to paragraph D.3., the Program will issue a Notice of Mediation Conference informing the parties of the scheduled mediation conference. A non-indigent party, who has not paid his or her required mediation fee by the time of a mediation conference will, prior to beginning the mediation conference, execute a form agreement to pay the fee. The mediator will file the form with the report of mediation. Such forms will be supplied to all mediators under contract with the Sixth Judicial Circuit.
e. After a case is referred to mediation, counsel of record and pro se litigants shall prepare and present any appropriate judgment, order, or notice of dismissal or stipulation of the parties in accordance with the mediated settlement.
f. Failure to appear at a duly noticed mediation conference without good cause shown may result, upon motion, in the imposition of sanctions including an award of mediator and attorney fees and other costs against the party failing to appear.
D. Eligibility
for Sixth Circuit Court-provided Mediation; Mediation Fees; Definitions.
1. Court-provided mediation will be available in small claims cases, in county civil cases where the Court determines that the parties do not have the financial ability to pay the mediator’s fee, and in family cases when the parties combined net income is less than $100,000. Parties in county civil cases who have the financial ability to pay for a mediator’s service, parties in family cases whose combined net income is $100,000 or more, and parties in circuit civil cases will not be eligible for court-provided mediation; however, such parties may still be court-ordered to participate in mediation. 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.
2. To determine eligibility for court-provided family mediation services and the appropriate amount that each person must pay, each party must submit a current Florida Family Law Financial Affidavit to the Program within ten (10) days of the order of referral. The affidavits, Family Law Forms 12.902 (b) or 12.902 (c), may be obtained online at www.jud6.org. A party that previously filed an affidavit in the case may rely on that previous filing by written notice to the Program and other parties. A party determined indigent in another proceeding in the Sixth Judicial Circuit within the last six months may rely on that determination by written notice and a copy of that determination to the Program and other parties. Determinations of eligibility for court-provided mediation will be based on the parties’ combined net income.
3. In addition to the filing fees described in § 44.108, Florida Statutes, the Clerk of Circuit Court for Pasco County and the Clerk of Circuit Court for Pinellas County shall collect the fees to fund mediation as required under the statute and described in this Administrative Order. Parties that are eligible for court-provided mediation may opt to obtain private mediation, in which case the mediation fees below will not be assessed. When the Sixth Judicial Circuit’s Mediation Program provides court-ordered mediation services, the Clerk of Circuit Court will collect the following mediation fees:
a. Eighty dollars per person per session in
family mediation when the parties' combined net income is greater than $50,000,
but less than $100,000 per year;
b. Forty dollars per person per session in
family mediation when the parties' combined net income is less than $50,000 per
year; or
c. Forty dollars per person per session in
county court cases when eligible as set forth in paragraph D.1.
Any party may pay any other
party’s mediation fee. A mediation fee
collected from any party is non-refundable.
4. No mediation fees will be
assessed or collected for eviction cases or for any small claims actions. Fees will also not be collected from
persons determined to be indigent by the Court.
Fees will also not be collected from persons already determined indigent
by the Clerk in the current proceeding, or in another proceeding in the Sixth
Judicial Circuit within the previous six months in accordance with paragraph
D.2.
5. Definitions:
a.
Person: Each entity named in a
suit referred to court-provided mediation is considered a “person” that is
required to pay a mediation fee; however, a husband and wife that are either
both defendants or both plaintiffs in a suit are one “person” for purposes of
the mediation fee.
b.
Session: A “session” for
court-provided mediation is one scheduled mediation. The
mediator must obtain the written consent of all parties to continue mediation
beyond the initial session. Such consent
must contain a statement from the parties that they understand an additional
mediation fee must be paid by each nonindigent party to the Clerk of Court
pursuant to Section 44.108, Fla. Stat. If the mediator reports an impasse between the
parties or recommends another conference, any subsequent mediation conference
is another “session” and will require the parties to pay their respective fees
prior to mediation.
E. Mediator
Compensation.
1. 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 the mediator's compensation, the mediator shall be paid at the rate of not more than $150.00 per hour.
2. All mediators agreeing to provide services for the Sixth Judicial Circuit must enter into a contract for services with the Circuit. The following rates will be paid to mediators provided to parties eligible for court-provided mediation:
a. Family mediation—$300.00 per session.
b. County civil mediation—$50.00 per hour, except small claims pretrial mediation, which is $15.00 per hour.
c. Upon the non-appearance of a party or cancellation with less than forty eight (48) hours notice—$50.00. A party is considered to have not appeared when they are more than thirty (30) minutes late for a mediation conference.
F. Effective
Dates. All dates in this paragraph
begin at
1. This Administrative
Order applies to mediation ordered on or after
2. Administrative Order No. PA/PI-CIR-96-63 “Arbitration and Mediation Program Circuit Civil and Family Cases” will cease to govern civil and family cases referred to mediation after those respective dates. Administrative Order No. PA/PI-CIR-96-63 as it addresses arbitration remains effective until amended or rescinded by a future administrative order.
3. On
4. On
5. Until further
amended, Administrative Order No. PI-CIR-02-39 “Re: Pilot Mediation Project: Automatic Referral to Mediation” remains
effective. However, effective
DONE AND ORDERED in Chambers
at
_________________________________
cc: All Judges
The Honorable
The Honorable
Betty Henderson, Assistant Court
Services
Gay Inskeep, Trial Courts Administrator
Kerry Rice, Deputy Courts
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