Alternative Dispute Resolution

Overview
What is Arbitration?
What is Mediation?
Who May Serve as a Mediator?
What Kinds of Cases Must be Mediated?
What Kinds of Cases May be Mediated?
What Kinds of Cases are Not Mediated?
Who Qualifies for the Court-Based Program?
What Information is Required by the Mediation Office Before a Mediation can be Scheduled?
Do I have to Appear in Person at the Mediation?
What is the Cost of Mediating Through the Court Based Program?
What is the Cost of Mediating Where the Parties are Indigent?
When Must the Fees be Paid?
What if my Case Does not Qualify for the Court-Based Program?
How Long Does Mediation Take?
What are the Limitations of Mediation?
What are the Benefits of Mediation?
Can I Bring my Lawyer to the Mediation?
Who Will be Present at the Mediation?
What do I Need to Bring to Mediation?
What if I Have a Question not Covered by this Discussion?
How Do I Cancel Mediation?
Contacting the Mediation Office
What Stage of the Process May Cases be Mediated?

Overview

Under the provisions of Administrative Order 2006-05, an Alternative Dispute Resolution Unit (ADR) was created for the Second Judicial Circuit of Florida.

Alternative Dispute Resolution are methods to resolved disputed law cases. The court based ADR unit may mediate cases filed in the Family, Juvenile and Unified Family Divisions of the court. At the current time, the ADR unit maintains a list of qualified arbitrators for the Chief Judge, and offers Mediation services.

What is Arbitration?

Arbitration is a process where a neutral third party or panel considers the facts and arguments presented by the parties and renders a decision which may be binding or nonbinding on the parties.

What is Mediation?

Mediation is a process where a neutral third party called a mediator acts to encourage and facilitate the resolution of a dispute between two or more parties. It is informal and nonadversarial and has the objective of helping the disputing parties reach a mutually acceptable and voluntary agreement. In mediation, decision making authority rests with the parties. The role of the mediator includes, but is not limited to assisting the parties to identify issues, to foster joint problem solving, giving information and suggestions, and to explore settlement alternatives.

Who May Serve as a Mediator?

Only mediators who have been certified by the Supreme Court of Florida may act in court-ordered mediations. In order to become certified in the field in which one will mediate, he/she must be of good moral character and must have a master degree or higher in a social science, behavioral science, mental health field, be an attorney, a physician, or a CPA (only for family related cases), have four years experience in the qualifying field, have completed a forty hour certification given by a certified primary trainer and have observed two cases (family) or four cases (dependency), and co-mediated two more cases. In July 2006, a new system was implemented by the Dispute Resolution Center which allows certification by accumulation of points through education, experience and mentorship.

What Kinds of Cases Must be Mediated?

The following types of cases must be mediated if the issues are disputed:

Dissolution of marriage
Division and distribution of property arising out of a dissolution of marriage
Annulment
Support unconnected with dissolution of marriage
Paternity
Child support
Custodial care and access to children
Adoption
Name changes
Actions related to premarital, marital or post-marital agreements
Emancipation of a minor
Modification and enforcement of orders entered in those types of cases.

What Kinds of Cases May be Mediated?

The following types or cases may be mediated, and are referred upon the motion of a party or the Court’s motion:

Juvenile dependency
Termination of parental rights
Juvenile delinquency

What Kinds of Cases are Not Mediated?

The following types of cases may not be mediated:

All matters where there is a history of Domestic Violence between the parties which would present a safety hazard to either party or which would compromise the mediation process whether or not an injunction has been entered.
Any issue relating to the entry of a temporary injunction for domestic violence or repeat violence.
Any non-contested issue

What Information is Required by the Mediation Office Before a Mediation can be Scheduled?

We would appreciate this information being emailed to us:

Name address and telephone number of both parties
Email addresses of all parties and attorneys
Name Address and telephone number of any attorney
Names, dates of birth and gender of children which were born to the parties of the case
Whether there is a history of domestic violence between the parties, whether an injunction was entered or not
Combined gross income of the parties (before taxes)
Whether the Department of Revenue is involved in the case

Who Qualifies for the Court-Based Program?

Any case which must be mediated as listed above, when the combined gross income of the parties is less than $100,000.00, or any issue which may be mediated. In every case, the Court must refer the parties to mediation.

Do I have to Appear in Person at the Mediation?

You must be physically present for all mediations, unless you have obtained the written consent of the other party, or a Court Order allowing you to appear by telephone. You will be responsible for obtaining the Court Order of the other party objects to you attendance by telephone.

What is the Cost of Mediating Through the Court Based Program?

There is no charge for any case in which there is a juvenile dependency or delinquency case pending, a small claims county court case, or a family related matter where the parties are indigent.

For family related cases without a dependency or delinquency case pending, and the parties combined gross income is less than $50,000.00 or a county civil matter the charge is $60.00 per person per session (a session is up to three hours long).

For family related cases without a dependency or delinquency case pending, and the parties combined gross income is more than $50,000.00 and less than $100,000.00 the charge is $120.00 per person per session, (a session is up to three hours long)

What is the Cost of Mediating Where the Parties are Indigent?

You must fill out an application with the Clerk of Court of the County in which the case is pending, and, if you qualify, the clerk will issue a certificate of indigency and there will be no fee.

When Must the Fees be Paid?

All mediation fees must be paid prior to the mediation session beginning. If either party is appearing by telephone, his/her fees must be paid in advance of the day of the session. A receipt for payment of the fees must be presented to the mediator prior to the commencement of the session. Fees may be paid the day of the mediation. All fees are paid to the Clerk of the Court in which the case is pending.

You must obtain an invoice from the Mediation Office for your fee, prior to going to the Clerk's office to pay. If you are appearing by telephone (with consent of the other party or a court order) please leave sufficient time prior to the mediation conference to obtain the invoice and make your payment.

What if my Case Does not Qualify for the Court-Based Program?

If the mediation is non-court ordered, or if the combined gross income of the parties is more than $100,000.00, or if your case is a civil case pending in the circuit court, you do not qualify for the services of the court-based unit. In that case, you must hire the services of a private mediator. The Dispute Resolution Center which is an agency which is the arm of the Supreme Court of Florida, which regulates the profession, maintains a list of qualified mediators. The website to find a private mediator is found at flcourts.org. Select the link to Mediator Search and select your search method (name, county or circuit).

How Long Does Mediation Take?

While a session is up to three hours long, the cases rarely take that long. Normally, the case takes between two and three hours to complete. If the mediation is not complete within that timeframe, you must pay an additional fee for another session.

If the parties reach a settlement, the mediator will prepare the agreement. This may take an additional one-half hour. All parties must remain throughout the entire session, including the preparation and execution of the agreement.

What are the Limitations of Mediation?

The mediator does not make any decisions pertaining to any issue of the case. This includes not determining who is right or wrong, whether the agreement is fair (unless it is unconscionable), or the outcome of the case. The mediator must honor the parties’ self-determination (the right to make decisions), and must act with impartiality, and without undue influence, conflicts of interest, or coercion. The mediator may give information which he/she is qualified to give by experience or training, may point out possible outcomes of the case, and point out options available to both parties.

What are the Benefits of Mediation?

There are many benefits of mediation. It is fast (it may be conducted at any stage of the case), and generally inexpensive (especially with court-based programs). It is confidential so nothing said from the time the order of referral is signed until the case ends by agreement, impasse (no agreement), or termination, except where disclosure is required or permitted by law. A session where the mediator meets privately with one party or another is called a caucus. This is even more confidential because the mediator may not disclose anything said in caucus to anyone that wasn’t present at the caucus without the caucusing party’s permission. Perhaps most importantly, the parties make all the decisions for themselves. It is difficult to have a positive relationship with the other party after a contested trial. Frequently, the parties to a mediation, can have a positive post-case relationship because of the informal, low keyed nature of the mediation, and the fact that they have decided how their future will progress.

Can I Bring my Lawyer to the Mediation?

Not only are the parties to mediation allowed to bring their lawyers, they are encouraged to do so. Remember, the mediator may not give advice or opinion, so the parties must look to their attorney for such advice or opinion. Attorneys are also present to lend moral support, and counsel to their clients. Although a mediator may, in his/her discretion and with the agreement of the parties, proceed without the attorney being present, they are reluctant to do so. If there is an attorney of record, who is not present at a family case mediation, the mediator must provide a copy of the agreement to the absent attorney, and allow ten days for review prior to submitting the agreement to the judge.

Who Will be Present at the Mediation?

The parties, their attorneys and the mediator will be present at all mediations. In a family case, these are generally all the individuals present. In a dependency case, several other individuals may be present. They are the Guardian Ad Litem and their attorney, often custodians attend, sometimes therapists attend, or other individuals who are named in the Order of Referral. Other individuals such as current spouses, or family members who are not on the Order of Referral, may attend if all the parties agree. If any are objected to, they may not attend.

NOTE: Do not bring children to the mediation unless they are specified in the order of referral. They will not be allowed to accompany you to the mediation room, and the court-based unit does not have child care facilities.

What do I Need to Bring to Mediation?

Please bring the following items to mediation:

The appropriate mediation fee ($60.00 or $120.00 per person per session)
The information sheet this office mailed to you
Proof of income (pay stubs, tax returns or letters from employers)
Any documentation you wish to discuss at the mediation

What if I Have a Question not Covered by this Discussion?

If you have any unanswered questions, we welcome you to contact our offices. The name of the Director of the unit is David A. Wolfson. He may be reached at (850) 577-4448, or Email David A. Wolfson. Our administrative staff may be reached during normal working hours at (850) 577-4433 or (850) 577-4407.

How Do I Cancel Mediation?

Mediation shall be cancelled for good cause. This is limited to illness, or emergencies. Otherwise, the cancellation must be agreed to by all parties. Cancellations must be made in writing (emails are encouraged) or by fax. Our fax number is 850-577-4436, and the email address to which you will send the notification of cancellation is Email Carol Morris. Please notify us as quickly as possible when you are cancelling the case. You may not cancel the mediation with less than five hours notice.

Contacting the Mediation Office

Due to extreme budget cuts, the mediation staff has been greatly reduced, and answering the telephone is one of the most time intensive parts of administration. We ask you to first review this website and the frequently asked questions. If this does not resolve the reason for your contacting the office, please email us.

Our email addresses are Email Carol Morris, administrative assistant, Email Kimberly Franklin, administrative assistant, Email David A. Wolfson, Director of the Alternative Dispute Resolution Unit; and Email Jennifer Wells, County Court Mediation Coordinator.

What Stage of the Process May Cases be Mediated?

The only real limitation on when a case may be mediated by the Court based program is that there is an open case. Once judgment is entered, the case is generally closed by the Clerk. In order to reopen it, a fee of $50.00 must be paid to the Clerk. So long as a case is open, it may be mediated at any stage of the process. The earlier the conference is held, the less expensive the cost of litigation will be. Often, if there are attorneys involved, they will be hesitant to execute an agreement prior to mandatory disclosure of certain items such as financial affidavits, tax returns and W-2 or 1099s for the preceding year, pay stubs or evidence of income for three months before service of the financial affidavits. For a more complete list of mandatory disclosures please see form 12.032 of the Family Law Forms. These may be located at http://www.floridabar.org/TFB/TFBResources.nsf/Attachments/416879C4A88CBF0485256B29004BFAF8/$FILE/311%20Family%20Law.pdf?OpenElement.