8th Judicial Circuit Home Page
Family Mediation Program
Robin Davis, Esq., ADR Director
Beverly L. Graper, Esq., Program Mediator
Sharon Cooksley, Administrative Assistant II
352.491.4417
fax: 352.381.0109
The Eighth Judicial Circuit's Family Mediation Program provides mediation services for litigants in the Family Court System. Cases involving issues of paternity, dissolution of marriage, custody, visitation, child support and asset allocation are handled by the Family Mediation Program. Mediators are available for a set fee to litigants with a combined income of $100,000 or less. A list of private mediators is available for those outside this monetary limitation. To schedule a mediation in Alachua County, either contact the ADR administrative assistant at 352.491.4417 for available times, or contact one of the contract mediators directly. In Baker, Bradford, Gilchrist, Levy and Union Counties, please see the Family Court case manager for further information or contact a contract mediator for your county.
In accordance with Administrative Order
5.1070(D), any case that involves family matters and issues shall be referred to family
mediation unless otherwise excepted by statute, rule or court order. No final
hearing will be set in contested cases until the court has received a report
from the mediator on the attendance or non-attendance of the parties.
What Kinds of Cases Must Be Mediated?
Dissolution (divorce) actions, all issues including child support, parental responsibility, distribution of real and personal property, alimony, etc.
Changes in child support
Changes in parental responsibility (custody and visitation)
Paternity actions where paternity has been established
What Kinds of Cases are NOT Mediated?
Simplified dissolution proceedings
Cases in which a significant history of domestic abuse would compromise the mediation process
Can I Mediate If I Don't Have a Pending Case?
Only cases in which a petition has been filed are subject to the mandatory
mediation rule and eligible to use the court mediation program; however, other
cases/issues may be mediated at any time by a privately retained mediator with
agreement of both parties.
Who Qualifies For The Court-Based Program?
Parties with a combined gross annual income
less than $100,000 may utilize the court-based program.
Gross income means your total income before any deductions are taken.
What Is The Cost To Parties Utilizing The Court-Based Program?
In accordance with Section 44.108 of the Florida Statutes, parties utilizing the court-based family mediation program are assessed fees for mediation as follows: (a) Eighty dollars per person per scheduled session when parties' combined income is greater than $50,000, but less than $100,000 per year; (b) Forty dollars per person per scheduled session when the parties' combined income is less than $50,000. A typical mediation session runs from two to three hours. ALL FEES MUST BE PAID AT THE CLERK OF COURT'S OFFICE PRIOR TO THE START OF THE MEDIATION.
Any rescheduling to accommodate a party's or an attorney's schedule must take place by mutual consent, however, PARTIES WILL BE CHARGED FOR THAT SESSION AS WELL AS ANY RESCHEDULED SESSION(S).
What If My Case Doesn't Qualify For The Court-Based Program?
Parties whose combined gross income exceeds $100,000 per year or who do not
have a petition filed will need to hire a private mediator. A list of
certified family mediators practicing in the Eighth Judicial Circuit is
available
here.
How Long Does Mediation Take?
The typical mediation takes one session of two to three hours. If the
parties reach an agreement, the mediator then prepares the written agreement
to be signed by all parties at the conclusion of the mediation. You
should set aside a minimum of two hours for the mediation.
What Is The Role Of The Mediator?
The mediator acts as a facilitator to encourage discussion and joint problem
solving between the parties. The mediator assists the parties in sorting
out the issues and separating the needs of the parties from the needs of the
children. The mediator also assists the parties in exploring
alternatives for settlement. Except for written agreements that are
signed by all parties, the mediator keeps confidential the contents of the
mediation session. The mediator prepares the mediation agreement for
submittal to the court.
What Are the Benefits of Mediation?
Quicker resolution
More options are available to the parties than a court can order
Reduces hostility and trauma to parties and their children
May lower attorneys fees and costs
Gives parties control over the outcome
What Are The Limits Of Mediation?
The mediator does not determine who is right and who is wrong
The mediator does not decide the case
The mediator does not make decisions for you
The mediator does not give you legal advice
The mediator does not provide counseling for the participants. Parties desiring counseling are urged to seek assistance from community agencies, clergy, or private providers
Who Serves As A Mediator?
Experienced mediators certified by the Supreme Court of Florida conduct
mediations scheduled through the Family Mediation Program. In Alachua
County, staff mediators conduct most mediations, though other mediators may be
substituted depending on the staff mediators' availability. In the
Baker, Bradford, Gilchrist, Levy, and Union counties, contract mediators
conduct the program mediations.
Can I Bring My Attorney?
Parties represented by attorneys are encouraged but not required to have their
attorneys attend the mediation. If you are represented by an attorney
who does not attend the mediation, any agreement you reach will be provided to
your attorney for review and held by the mediator for ten days before
submitting it to the court. During that time, you may have your attorney
review the agreement and advise you.
Who Will Be Present For The Mediation?
The mediator
The parties
Their lawyers, if any (optional attendance)
The guardian ad litem, if appointed (optional attendance)
At times a mediator trainee may participate in the session
No other persons, including current spouses and other family members, may be
present without the permission of the mediator and the agreement of ALL the
participants.
What Do I Need To Bring With Me?
The completed information sheets mailed to you by the Family Mediation Program (including financial eligibility form)
Proof of all income (financial affidavit, pay stubs, tax returns, letter from your employer, etc.) if financial matters are at issue
Any documents you wish to discuss at the mediation session
Receipt from the Clerk of Court showing payment for the mediation session
Please do NOT bring children to the mediation. They will not be allowed to accompany you to the mediation room, and this office does not have child care facilities.
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Last Revised 06 February 2008 |