How is a Case Referred to Mediation?

 

In adult criminal cases, one of the attorneys will refer the case for mediation after both attorneys have agreed, in consultation with the victim and the defendant, that mediation is the appropriate course of action for the case.

 

A case may be referred for criminal mediation at any stage in the process: pre-charge, pre-plea, post-plea, pre-sentence, post-sentence, violation of parole, or appeal.

 

In juvenile cases, referral to mediation is at the discretion of the State Attorney's Office.

 

What Can Be Mediated in a Case?

 

In adult criminal cases, any unresolved issues may be mediated. These include the plea, restitution, and even whether or not formal charges will be filed. Mediation may be used as an alternative to going to court in certain criminal cases.

 

In juvenile cases, restitution is mediated. Restitution may be arranged by monetary payment, community service, or any other means that is acceptable to the parties.

  

Who Participates in the Mediation?

 

The Assistant State Attorney and the Defendant are always present in adult criminal mediations. The Defendant has a right to representation, so his or her attorney may also be present.

 

The Victim, a Victim Advocate, and/or a representative from Law Enforcement may also be present at the discretion of the Assistant State Attorney. The presence of the Victim is voluntary.

 

In juvenile mediations, the juvenile, at least one parent or guardian, and the victim are present. The victim may choose to have a support person present and/or a Victim's Advocate.

 

On the day of the scheduled mediation, all participants will meet at a scheduled place with the mediator. The mediator will begin the mediation by asking each party to explain the case from his or her perspective. The mediator will then help the participants discuss the issues to try to reach a mutually acceptable agreement. There may be a point during the mediation when the mediator meets individually with each party in what is called a "caucus." If a total or partial agreement is ultimately reached, the participants will sign a written agreement prepared at the mediation. This agreement, once signed by all participants, may be subject to review by the court and may become a part of the court file in the case.

 

Who are the Mediators?

 

The mediators participating in this program have all been certified by the Florida Supreme Court as Circuit, Dependency, Family, and/or County Mediators. These individuals have also received specialized training in Criminal or Juvenile Mediation.