IN THE CIRCUIT COURT, SIXTH JUDICIAL CIRCUIT,

IN AND FOR PASCO AND PINELLAS COUNTIES, FLORIDA

ADMINISTRATIVE ORDER NO. 2006-062 PI-CIR

Click here for a printer friendly version

RE: AUTOMATIC REFERRAL TO FAMILY MEDIATION

On August 6, 2002, in Administrative Order No. PI-CIR-02-39, the Sixth Judicial Circuit established a pilot mediation project involving automatic referral to mediation in two sections of the Family Law Division in St. Petersburg, Sections 12 and 17. The pilot project was established to provide for an expedited referral to mediation in appropriate family matters; to avoid additional emotional harm to children and families who are required to interact with the judicial system; and to comply with the spirit of In Re: Report of the Family Court Steering Committee, 794 So. 2d 518 (Fla. 2001), which stresses the importance of embracing non adversarial methods of resolving disputes, and of “providing families and children with an accessible and coordinated means of resolving legal matters in a fair, efficient, and effective manner.”

On February 9, 2005, Administrative Order No. 2005-005 PA/PI-CIR was adopted to implement changes to the Sixth Judicial Circuit’s mediation programs. Those changes, necessitated by amendments to § 44.108, Florida Statutes, make mediation more accessible to parties by providing family and county civil mediation services to certain parties. While implementing the statutory changes, the Administrative Order continued the Sixth Judicial Circuit’s existing mediation programs, including the automatic referral pilot project discussed above.

The pilot project proved successful and was made permanent and expanded to all sections of the Family Law Division in St. Petersburg by Administrative Order 2005-031 PI-CIR. However, automatic referral was only intended for temporary relief matters in original petitions and post judgment matters in the Family Law Division; Administrative Order 2005-031 PI-CIR inadvertently expanded the automatic referral to include more cases. Therefore, the Administrative Order must be amended. Accordingly, pursuant to Florida Family Law Rule of Procedure 12.740, and Chapter 44, Florida Statutes, it is hereby

ORDERED:

1. Except for cases excluded by Paragraph 2, in the St. Petersburg sections of the Family Law Division all post judgment matters shall be automatically referred to mediation prior to a hearing on the matter. Similarly, except for cases excluded by Paragraph 2, in the St. Petersburg sections of the Family Law Division all initial hearings on temporary relief matters in original petitions shall be automatically referred to mediation prior to a hearing on the matter

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 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.

3. All mediation ordered under this Administrative Order will be conducted in accordance with Administrative Order No. 2005-005 PA/PI-CIR and any relevant subsequent Administrative Order.

4. The Family Law Division in St. Petersburg currently consists of Sections 9, 12, 17 and 24. Unless later provided otherwise, any section that may be added to the Family Law Division in St. Petersburg will also be conducted in accordance with this Administrative Order without further amendment to this Order.

5. This Administrative Order shall serve as the Order of Referral for cases automatically referred to mediation, as if an Order of Referral was entered in each individual case.

6. Notwithstanding the mediation mandated by this Order, each judge shall retain the discretion to waive the mandates herein on a case-by-case basis.

7. Administrative Order No. 2005-031 PI-CIR is hereby rescinded.

DONE AND ORDERED in Chambers at St Petersburg, Pinellas County, Florida this ___________day of August 2006.

______________________________

David A. Demers, Chief Judge

cc: All Judges

The Honorable Ken Burke, Clerk of the Circuit Court, Pinellas County

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

Gay L. Inskeep, Trial Courts Administrator

Bar Associations, Pasco and Pinellas Counties

Law Libraries, Pasco and Pinellas Counties