RE: ARBITRATION AND MEDIATION PROGRAM
CIRCUIT CIVIL AND FAMILY CASES
By Administrative Order 88-59, the Arbitration and Mediation Program (Program)
for the Sixth Judicial Circuit was established in Pasco and Pinellas Counties
pursuant to Chapter 87-173, Laws of Florida and procedures were established
for the referral of civil cases to mediation and arbitration; and
By Administrative Order 91-40, the Family Mediation Division of the Program
in Pinellas County and by Administrative Order 95-1, the Pasco County Family
Mediation Division were established pursuant to Chapter 90-188, Laws of
Florida and changes in the supreme court rules governing mediators and arbitrators;
and
In order to implement procedures of the newly adopted Florida Family Law
Rules of Procedure, changes in the Florida Rules for Certified and Court-Appointed
Mediators, Florida Rules for Court-Appointed Arbitrators and Florida statutes;
and
In order to continue the uniform procedures for the referral of cases by
the court to either mediation or arbitration, it is hereby
ORDERED:
A. The 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 Program
in Pinellas County, established in 1991, and the Family Mediation Division
of the Program in Pasco County, established in 1995, shall be affirmed and
shall be considered continued from the dates of establishment stated herein.
2. The Program shall operate in accordance with this order under the supervision
of the Office of the Courts Administrator. The Program shall perform such
duties as are assigned by the chief judge, the civil and family law administrative
judges in Pinellas County and the Pasco County administrative judge.
3. The civil administrative judge in Pinellas County shall be responsible
for the judicial administration of the Program as it relates to circuit
civil cases referred to arbitration and mediation in Pinellas County.
4. The family administrative judge in Pinellas County shall be responsible
for the judicial administration of the Program as it relates to family law
cases referred to arbitration and mediation in Pinellas County.
5. The Pasco County administrative judge shall be responsible for the judicial
administration of the Program as it relates to all cases referred to arbitration
and mediation in Pasco County.
6. The Program shall:
a. provide administrative support to the courts in accordance with applicable
rules of civil procedures, rules for court-appointed arbitrators, rules
for certified and court-appointed mediators, family law rules of procedures
and Chapter 44, Florida Statutes.
b. establish scheduling policies for court-ordered arbitration and mediation
proceedings.
c. 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 arbitration and mediation.
d. 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.
If the parties do not select a mediator in accordance with the order of
referral, the Program shall appoint by rotation a mediator from the list
of certified mediators.
e. maintain a list of persons who have been determined by the chief judge
to be qualified as arbitrators and who have agreed to serve as arbitrators
in this circuit. If the parties do not select an arbitrator in accordance
with the order of referral, the Program shall appoint by rotation an arbitrator(s)
from the list of qualified arbitrators.
f. be responsible for the management of cases referred to arbitration or
mediation.
g. maintain required statistical information.
h. perform such other duties as assigned to the Program.
B. Arbitration
1. Arbitration shall be conducted in accordance with Fla. R. Civ. P.
1.700, et seq., and 1.800 et seq., Florida Rules For Court-Appointed
Arbitrators. 11.010 et seq., Chapter 44, Florida Statutes, orders
of referral, and instructions of the Program regarding the arbitration process.
2. The Court may refer any contested civil action filed in a circuit court
to nonbinding arbitration. Two or more parties who are involved in a civil
dispute may agree in writing to submit the controversy to voluntary binding
arbitration. Once the cause has been referred to nonbinding arbitration
or the parties have submitted a written agreement for voluntary binding
arbitration, the Program shall appoint the arbitrator(s) and set the date
and time of the arbitration hearing unless otherwise agreed to by all the
parties.
C. Mediation
1. Mediation shall be conducted in accordance with the Fla. R. Civ. P. 1.700,
et seq., Fla. Fam. L. R. P. 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.
2. All matters regarding mediation, including all motions shall be heard
by the presiding judge.
3. After a cause is referred to mediation, counsel of record shall:
a. copy and submit all papers and correspondence as required by the civil
and family administrative judges in Pinellas County, the Pasco County administrative
judge or the Program; and
b. prepare and present any appropriate judgment, order or notice of dismissal
on stipulation of the parties in accordance with a mediated settlement.
D. Compensation of Arbitrators and Mediators
1. In court-ordered, nonbinding arbitration, compensation for each arbitrator
shall not exceed $200.00 per day, unless otherwise agreed by the parties
and approved by the court. Whenever possible, qualified individuals who
have volunteered their time to serve as arbitrators shall be appointed.
In accordance with §§44.103(3) and 44.108, Fla. Stat., volunteer
arbitrators shall be entitled to be reimbursed pursuant to §112.061,
Fla. Stat., for all actual expenses necessitated by service as an arbitrator.
2. In voluntary binding arbitration, arbitrators shall be compensated according
to their agreement with the parties. No arbitrator shall be paid an amount
less than $75.00 per day.
3. In mediation of circuit civil cases, if the parties select the mediator,
the mediator shall be compensated at the rate agreed to by the mediator
and the parties. If the Program selects the mediator by rotation, the mediator
shall be compensated at the rate of not more than $125.00 per hour. The
mediator's fee shall be paid in accordance with the Order of Referral to
Mediation.
4. In mediation of family law cases, the parties will be required to compensate
the mediator if the court determines they have the financial ability to
pay the mediator's fee. If the parties select the mediator, the mediator
shall be compensated at the rate agreed to by the mediator and the parties.
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 $125.00 per hour
. If the parties are financially unable to compensate the mediator from
their own funds, the mediator shall be appointed and compensated in accordance
with the administrative order(s) governing mediator compensation in indigent
causes.
Pasco and Pinellas Administrator Orders 88-59, 88-155, 88-163, 89-59, 89-60,
89-109, 89-137, 89-163, 89-164, 90-24, 90-60, 90-61, 90-87, 90-110, 90-137,
90-172, 91-14, 91-88, 91-122, 91-169, Pasco Administrative Orders 85-3,
86-88, 88-70, 90-58, 90-72, 91-16, 91-23, 91-51, 91-88, 92-169, 93-64, 93-147,
94-12, 94-44, 94-88, 94-102, 94-103, 94-104, 95-01, amended 95-01, 95-121,
95-129 and Pinellas Administrative Order 90-40 are hereby rescinded.
DONE AND ORDERED in Chambers at St. Petersburg, Pinellas County, Florida,
this 27th day of June, 1996.
/s/Susan F. Schaeffer
Susan F. Schaeffer, Chief Judge