Alternative Dispute Resolution

• Defendant's Motion to Participate in Residential Foreclosure Mediation
• Notice of Hearing Form
• Notice of Mediation Attendance and Certification of Authority

 

Pursuant to Florida Statute 44.1011, judges have the authority to order most types of contested civil cases to mediation prior to trial. Mediation is statutorily defined as "... A process whereby a neutral third person called a mediator acts to encourage and facilitate the resolution of a dispute between two or more parties".

 

The mediation conference is informal, confidential and nonadversarial. The conference takes place in a private conference room either at the courthouse or perhaps at one of the attorneys' offices. Mediation conferences are conducted prior to the trial date/ final hearing, in an effort to give the parties an opportunity to negotiate and resolve their case without the added expense and stress of trial.

 

The purpose of mediation is to open up lines of communication and to explore all possibilities of settlement in order to resolve the dispute. The role of the mediator includes, but is not limited to, assisting the parties in identifying the issues, fostering joint problem solving, and exploring settlement alternatives. If the parties reach a settlement in mediation, the mediator draws up a written agreement for the parties and their attorneys to sign. The original agreement is then filed in the Court file and the parties are given a copy. The Court is then notified by the Mediation Program that the case has settled.

 

Mediator training is offered by the Florida Supreme Court and also by various local universities and private mediation trainers. In order to become certified an individual must take a course that is approved and certified by the Florida Supreme Court and then participate in a mentorship program. Each area of expertise has different requirements and a different certification course that must be completed. For example, a certified family mediator cannot mediate circuit civil cases (unless they are also certified in circuit civil mediation) and visa versa. Refer to Florida State Courts Alternative Dispute Resolution brochure for additional information.

 

Administrative Order 2011-006 will govern the family and civil mediation program. Refer to the Mediation Process Instructions for Family Law Cases for additional information.

 

Through funding for the State Court System, the Sixth Judicial Circuit implemented 44.108 Florida Statutes, with a mediation model that provides paid family and county civil mediation services to certain parties. For each case referred to family or county civil mediation, parties eligible for court-provided mediation shall select either a privately retained mediator or court-provided mediation services. To determine eligibility for court-provided family mediation services, and the appropriate fee that each party must pay, each party must submit a current Florida Family law Financial Affidavit or an Income Statement to the Program within ten days of the order of referral.

 

• Family Law Financial Affidavit Short Form
• Affidavit for Establishing Mediation Fees
• Parenting Plans (Form 12.995(a) - bottom of the page)

When the parties are deemed eligible for court-provided family mediation, the Clerk of Circuit court will collect the following mediation fees:

 

• One hundred and twenty dollars ($120.00) per party per session when the parties’ combined gross income is greater than $50,000.00, but less than $100,000.00 per year;
• Sixty dollars ($60.00) per party per session when the parties’ combined gross income is less than $50,000.00 per year.

Any party may pay any other party’s mediation fee. A mediation fee collected from any party is non-refundable. The fees are remitted to the Department of Revenue for deposit in the state courts’ Mediation and Arbitration Trust fund. The clerk may deduct $1.00 per fee for a processing fee. Fees can be paid at the following locations:

 

Pasco County
West Pasco County Clerk of Circuit Court 7530 Little Road, Room 105 New Port Richey, FL 34654 (727) 847-8176 or Mail to: P.O. Drawer 338 New Port Richey, FL 34656	East Pasco County Clerk of Circuit Court 38053 Live Oak Avenue, Room 205 Dade City, FL 33756 (352) 521-4482 or Mail to: P.O. Drawer 338 New Port Richey, FL 34656
Pinellas County
Clearwater Clerk of Circuit Court 315 Court Street, First Floor Clearwater, FL 33756	St. Petersburg Clerk of Circuit Court 545 First Avenue North, First Floor St. Petersburg, FL 33701

 

Parties that are not eligible for court-provided mediation and eligible parties that opt for private mediation may select their own mediator. In such cases, the parties shall compensate the mediator at the rate agreed to by the mediator and the parties. Whether the mediator is selected by the parties or by the Program, in the absence of a written agreement providing for he mediator’s compensation, the mediator shall be paid at the rate of not more than $150.00 per hour. You may refer to The Mediation Process – Instructions for Family Law Cases for further details concerning the requirements for court-provided family mediation services, private mediation, and procedures applicable to both.

 

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Automatic Referrals to Family Mediation - Pinellas County only

Pursuant to Administrative Order 2011-006, all post judgment matters and all initial hearings on temporary relief matters in original petitions, shall be automatically referred to mediation prior to a hearing on the matter, except for cases excluded by Paragraph 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 cases 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.

 

You may refer to the Instructions for Automatic Referrals in Family Law Cases for further information concerning requirements for court provided mediation, private mediation, and procedures applicable to both.

 

An Affidavit Re Objection to Referral to Family Mediation is available from the Mediation Program for objecting to the automatic referral.

 

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Court Contracted Family Mediators – Pinellas County

Court-provided mediation services are provided by court contracted family mediators certified by the Florida Supreme Court. Recruitment of the family mediators in Pinellas County was finalized May 2011. There is currently no open list . It will be reopened for selection as needed. The mediators are paid by the State of Florida for their services.

 

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County Civil Mediation Model – Pinellas County

In county civil cases, the presiding judge will determine whether parties have the ability to pay for a mediator’s service or if the parties are eligible for court-provided mediation. If the parties are deemed eligible for court-provided mediation, the mediation fee shall be Sixty dollars ($60.00) per party per session.

 

You may refer to The Mediation Process - Instructions for County and Small Claims (excluding pretrials) for further details concerning policies and procedures. No mediation fees will be assessed for any small claims actions. Any party may pay any other party’s mediation fee. A mediation fee collected from any party is non-refundable.

 

If parties are eligible for court-provided mediationprogram staff shall select a county mediator by rotation from the list of court contracted mediators, certified by the Florida Supreme Court. The selection process to add court contracted mediator s to the list is opened periodically as needed. Court contracted mediators are paid by the State of Florida.

 

Pinellas County Small Claims Forms

 

• Authorization of Principal
• Change of Address
• Notice of Voluntary Dismissal
• Stipulation to Stay Entry of Judgment
• Sworn Statement of Court Costs and Interest

 

 

In Pinellas County, the mediation program has staff in two locations:

 

St. Petersburg Mediation Office 501 First Avenue North, Room 722 St.Petersburg, FL 33701 (727) 582-7696 FAX (727) 582-7473

Clearwater Mediation Office 315 Court Street, Room 401 Clearwater, FL 33756 (727) 464-4943 FAX (727) 464-3100

The Alternative Dispute Resolution Programs available in the Sixth Judicial Circuit may handle the following types of cases:

 

• Family Mediation - Cases may involve
  • Dissolution of marriage issues
    
  • Temporary relief matters
    
  • Post judgment matters
    
  • Parental Responsibility and primary residence of children
    
  • Child support
    
  • Spousal support
    
  • Equitable distribution of marital property
    
  • Family Law Financial Affidavit Short Form (incomes < $50,000.00 per year)
    
  • Family Law Financial Affidavit Long Form (incomes > $50,000.00 per year
• Juvenile Dependency Mediation - involving dependency issues arising out of a court case involving the abuse, abandonment and/or neglect of a minor child by one or both of his/her parents.
  
• Circuit Civil Mediation - cases involving a claim of $15,000 or more such as auto negligence, breach of contract, malpractice, foreclosures, etc.
  
• County Civil Mediation - cases involving a claim of $5,000 to 15,000. This also includes negligence, monies due, real estate, breach of contract, etc.
  
• Small Claims Mediation - cases involving a claim from $1 to $5,000. Most of these actions involves monies due, landlord tenant disputes, breach of contract, consumer claims, etc.
  

Pinellas County Alternative Dispute Resolution Program has two locations:

 

• St. Petersburg
  501 First Avenue North, Room 722, St. Petersburg, FL 33701
  For Family Mediation (St. Petersburg cases), call (727) 582-7206
  For Circuit Civil Mediation and all County Mediation (St. Petersburg cases), call (727) 582-7696

 

• Clearwater
  315 Court Street, Room 401, Clearwater, FL 33756
• For Family Mediation (Clearwater cases), call (727) 464-4947.
  For Circuit Civil Mediation and Arbitration (Clearwater cases), call (727) 464-4943.
  
  

The Pasco County Mediation & Arbitration Program

Court Contracted Family Mediators – Pasco County

 

Court-provided mediation services are provided by court contracted family mediators for East Pasco County and West Pasco County and are certified by the Florida Supreme Court. Recruitment of the family mediators in Pasco County was finalized May 2011. There is currently no open list. It will be reopened for selection as needed. The mediators are paid by the State of Florida for their services.

 

The Mediation Program assists the court in an administrative capacity. Staff process mediation cases for the Circuit Civil, Family and County Judges. Staff prepare orders of referral and coordinate mediation dates, times and locations with mediators. Mediation program staff also provide mentorship assistance to newly trained mediators and prepare statistical reports as requested.

Family Financial Affidavits can be obtained here:

 

• Family Law Financial Affidavit Short Form
• Family Law Financial Affidavit Long Form
• Affidavit for Establishing Mediation Fees
• Parenting Plans (Form 12.995(a) - bottom of the page)

The two Pasco County Mediation locations are:

 

West Pasco Mediation Cases
West Pasco Judicial Center

7530 Little Road, Suite 201

New Port Richey, FL 34654

727.847.8174 (Family Mediation)

727.847.8903 (Circuit Civil/County Mediation)

Fax 727.847.8931

 

East Pasco Mediation Cases
Robert D. Sumner Judicial Center

38053 Live Oak Ave., Suite 124

Dade City, FL 33523

352.523.2411 Ext 4378 (Family Mediation)

727.847.2411 Ext 7410 (Circuit Civil/County Mediation)

Fax 352.521.4209

Pasco County Small Claims Forms

 

• Mediation Agreement
• Stipulation of the Parties
• Small Claims Results
• Dismissal Notice