IN THE CIRCUIT COURT, SIXTH JUDICIAL CIRCUIT

IN AND FOR PASCO AND PINELLAS COUNTIES, FLORIDA

 

ADMINISTRATIVE ORDER NO. 2005-032 PA/PI-CIR

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RE:     JUVENILE DEPENDENCY MEDIATION APPOINTMENT & COMPENSATION

 

            In order to provide a mechanism pursuant to Florida Rule of Juvenile Procedure 8.290 for the appointment and compensation of juvenile dependency mediators in dependency actions in which the parties are financially unable to compensate the mediator from the party’s own funds; and

 

            In order to continue the guidelines established for juvenile dependency mediations in Pasco and Pinellas Counties as set out in Administrative Order PA/PI-CIR-02-37; and

 

            In order to adjust the rate of compensation for mediators in cases where the State pays the cost for mediation services, as authorized by § 44.108, Fla. Stat.; it is hereby

 

ORDERED:

 

                1.  This administrative order shall apply to mediators appointed to mediate dependency cases in which the parties are financially unable to compensate the mediator from the party’s own funds.  Each designated mediator shall execute a contract with the Sixth Judicial Circuit. 

 

            2.  Upon a determination by the court that a party lacks the ability to pay the mediator’s fee and upon order that mediation services shall be provided by the Sixth Judicial Circuit, a mediator under contract with the Circuit will be assigned and the mediator shall be compensated at the rate of three hundred dollars ($300.00) per session, i.e., per scheduled mediation.  If the mediator reports an impasse between the parties or recommends another conference, any subsequent mediation conference ordered by the court is another session.  There shall be no additional compensation for review of the court file or any other fees or expenses incurred by the mediator unless provided otherwise by contract with the Sixth Judicial Circuit.

 

            3.  The Court may, upon the non-appearance of a party or cancellation with less than forty-eight (48) hours notice, award to the mediator a fee of fifty-dollars ($50.00).  A party is considered to have not appeared when he or she is more than thirty (30) minutes late for a mediation conference. 

 

            4.  Upon motion or request of a party, a court shall not refer any case 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. 

 

            5.  The Administrative Office of the Courts shall maintain the list of mediators who have entered into a contract with the court.  Mediators will be assigned on a rotation basis.

 

            6.  Effective Date:  This Administrative Order is effective on July 1, 2005.  The rates contained herein shall apply to all cases in which a mediator is appointed for a mediation session occurring on or after that date.  Effective July 1, 2005, Administrative Order PA/PI-CIR-02-37 is hereby rescinded.

 

            DONE AND ORDERED in Chambers at St. Petersburg, Pinellas County, Florida, this __________ day of June 2005.

 

 

                                                                                                ____________________________

                                                                                                David A. Demers, Chief Judge

cc:        All Judges

            The Honorable Jed Pittman, Clerk of Court, Pasco County

            The Honorable Ken Burke, Clerk of Court, Pinellas County

            Carol Heath, Director, Court Services Division, Pinellas County Clerk’s Office

            Betty Henderson, Assistant Court Services Director, Pasco County Clerk’s Office

            Gay Inskeep, Trial Courts Administrator

            Kerry Rice, Deputy Courts Administrator, Pasco County

            Bar Associations, Pasco and Pinellas Counties

            Law Libraries, Pasco and Pinellas Counties