Alternative Dispute Resolution
The Mediation and Arbitration Program
For more in-depth information on the mediation or arbitration services provided by the Sixth Circuit, please refer to your Order of Referral to mediation or arbitration, as well as Administrative Orders 2011-006 and 2015-016.
Mediation |
Mediation is a process in which a trained mediator works with the parties in a dispute to help them develop an agreement on the contested issues in their case. The mediation conference is informal and non-adversarial. All information and communications during mediation are confidential (except as provided by law) and will not be provided to the Court.
The mediator is a neutral and impartial third party who encourages and facilitates resolution of contested issues. The mediator does this by helping identify the issues, fostering joint problem solving and consensus building, opening up lines of communication, and exploring settlement alternatives with the parties. This allows parties to develop their own agreement, rather than having the judge decide the issues. Mediation can result in a more expedient resolution to the case, reduced costs, and more acceptable results for both parties.
The results of the mediation (for example, a full agreement to all of the contested issues, a partial agreement to some of the contested issues, or a result of no settlement) will be provided to the Court, along with copies to the party.
Family Mediation: When ordered by the Court, or when automatically referred to mediation, parties must participate in family mediation. Family mediation often involves disputes surrounding asset and debt distribution and issues involving child caring, time sharing, support, and/or any other matters regarding the care, safety and stability of children. Most often, these are cases involving paternity, dissolution of marriage, or modification of an existing paternity or dissolution of marriage order, when parties feel a need to change the conditions of the original order.
The Sixth Circuit provides family mediation services at a reduced rate to eligible parties through the Mediation Program. To determine eligibility for such court-provided family mediation service, and the appropriate non-refundable fee each party must pay to the Clerk of Court, each party must submit a current Florida Family Law Financial Affidavit.
- If your income is less than or equal to $50,000 per year, you will need to fill out the Family Law Financial Affidavit Short Form, which can be found at flcourts.gov. Simply type the form number – Form 12.902(b) – into the search engine.
- If your income is greater than $50,000 per year, you will need to fill out the Family Law Financial Affidavit Long Form, which can be found at flcourts.gov. Simply type the form number – Form 12.902(c) – into the search engine
If the family case involves parental responsibility and primary residence of children, the parties must exchange a parenting plan proposal five (5) to seven (7) days before the mediation. If the case involves child support, the parties must bring a Child Support Guidelines Worksheet to the mediation.
- To access the Parenting Plan form, go to flcourts.gov. Simply type the form number – Form 12.995(a) – into the search engine.
- To access the Child Support Guidelines Worksheet, go to flcourts.gov. Simply type the form number – Form 12.902(e) – into the search engine.
Dependency Mediation: Mediation of dependency cases brings together a Certified Dependency Mediator, the Department of Children and Families, Guardian Ad Litem Program, Attorneys and other parties, as needed, to develop a workable case plan for children and families in the dependency court system. Dependency Mediation is ordered by a juvenile court judge during court. An Investigator or Case Worker with the Department of Children and Families can provide more information about mediation of dependency court cases. The parties do not pay any fees for dependency mediations.
Circuit Civil Mediation: Circuit civil mediation may be ordered in cases involving claims greater than $50,000 such as auto negligence, breach of contract, malpractice, foreclosures, etc. When referred to the Mediation Program in a circuit civil case, the parties may agree upon a mediator, as well as the date and time for mediation. The parties pay the mediator directly at the rate agreed upon by the mediator and the parties. Otherwise, the Mediation Program will select the mediator, as well as the date and time for mediation.
County Civil & Small Claims Mediation:
County civil mediation may be ordered in cases involving claims of $8,001 to $50,000. These cases often include negligence, monies due, real estate, breach of contract, etc. The Court will determine whether parties have the ability to pay for a private mediation or if the parties are eligible for court-provided mediation, where staff select a county mediator by rotation from the list of court-contracted mediators. Fees owed by the parties for court-provided mediation depend upon the type of case, are non-refundable, and are payable to the Clerk of Court.
Small claims are cases involving disputes of $8,000 or less. These cases often include monies due, landlord tenant disputes, breach of contract, consumer claims, etc. The Sixth Circuit has a small claims pre-trial mediation program where, at the pre-trial conference, contested cases attend mediation with a court-contracted mediator. If the parties do not come to an agreement through the mediation process, they will return to the court for further court hearings or other action. The parties do not pay any fees for the small claims pre-trial mediation program.
Arbitration |
The Court may order a contested civil case to nonbinding arbitration through the Arbitration Program. Nonbinding arbitration is a quasi-judicial proceeding where the arbitrator is a finder of fact and applier of law. While the arbitrator functions as judge and jury, the arbitrator’s decision is not binding if the parties subsequently choose to seek a trial. If a party in nonbinding arbitration chooses to seek a trial, the party does so at the risk of having to pay arbitration costs, court costs, reasonable attorneys’ fees, investigation expenses for expert or other testimony which were incurred after the arbitration hearing and continuing through the trial.
The Arbitration Program maintains a list of qualified arbitrators who are approved to arbitrate cases in the Sixth Circuit. For the most recent version of the Sixth Circuit’s Approved Arbitrator List, please call 727-847-8903 (Pasco) or 727-464-4932 (Pinellas).
The Court has the authority to assign one arbitrator or a panel of three. When referred to the Arbitration Program in a civil case, the parties may agree upon an arbitrator or arbitrators from the Sixth Circuit’s Approved Arbitrator List, as well as the date and time for arbitration. The parties pay the arbitrator or arbitrators directly at the rate agreed upon by the parties and the arbitrator or arbitrators. Otherwise, the Arbitration Program will select the arbitrator, as well as the date and time for mediation.
Contact Information |
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Pasco County |
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West Pasco Mediation Cases
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East Pasco Mediation Cases Robert D. Sumner Judicial Center 38053 Live Oak Avenue, Suite 124 Dade City, FL 33523 All Mediations (Family, Dependency, Circuit Civil, County, Small Claims) and Arbitration: (352) 521-4378 Fax: (352) 521-4118 |
Pinellas County |
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North County Mediation Cases |
South County Mediation Cases St. Petersburg Courthouse 545 1st Ave. S., Room 109 Family, Dependency Mediation: (727) 582-7206 Fax: (727) 582-7473 |