Whereas, Chapter 44, Florida Statutes (1997), and Florida Rules of Civil Procedure 1.700 through 1.730 authorize and provide for mediation of contested circuit court matters and issues;

Whereas, mediation is a process whereby a neutral third party acts to facilitate resolution of litigant disputes prior to judicial determination in an informal, non-adversarial manner with the goal of helping the parties reach an acceptable agreement;

Whereas, it is necessary to articulate and establish in the Eighth Judicial Circuit the procedural framework within which participants in circuit court mediation will operate; it is

ORDERED as follows:

I. Referral to Mediation.

All contested issues and matters in circuit court cases shall be referred to mediation unless otherwise excepted by statute, rule or by order of the presiding judge.
The court shall order each contested case referred to mediation no later than the first case management conference. The parties, upon stipulation or agreement, are encouraged to proceed to mediation at an earlier stage of the proceedings. The case may be scheduled for trial before mediation occurs, but it shall be presumed that the parties are not ready for trial until mediation of all contested matters have taken place and the results of mediation are reported to the court. Cases shall be removed from the trial calendar, if, at the time of the pretrial hearing, the parties have not concluded mediation of all contested matters or issues.

II. Mediators.

A. Certified circuit court mediators shall be used in circuit court, unless the parties stipulate to the appointment of an otherwise qualified, but uncertified mediator. Compensation of mediators shall be paid by the parties on a prorated basis, with each party to bear an equal share of the fees, unless otherwise ordered by the Court or on a basis otherwise agreed to in advance and in writing by the parties. A session consists of the first hour and a half of a mediation and additional sessions consist of a subsequent hour or hours or parts thereof. The parties shall be directed by the court to make payment within ten days of the billing date. A private mediator shall be paid for all reasonable preparation, session, and drafting time. In the event payment for services is not made within 10 days of the billing date or if either party does not provide sufficient notice of cancellation (forty-eight hours' notice of cancellation to the mediator, for good cause), and upon motion by the mediator, the court may issue an order to show cause why the court should not assess costs against the responsible party.

B. On behalf of the Chief Judge, the Office of Court Administration shall maintain a list of qualified mediators who have been certified by the Supreme Court, who have registered for appointment in this circuit, and who are willing to serve the Eighth Judicial Circuit area for circuit mediation purposes.

C. All circuit mediators shall conduct themselves in a professional manner as required by the Standards of Professional Conduct as set forth in the Florida Rules for Certified and Court-Appointed Mediators 10.020 - 10.150.

III. Circuit Court Mediation Procedures.

A. The Circuit Court Mediation Program for the Eighth Judicial Circuit shall be governed by Fla. R. Civ. P. 1.720 (1994). Other enabling policies, procedures, standard forms, schedules, or other related information may be developed in keeping therewith and with approval of the Chief Judge.

B. The following procedures shall apply.
1. The parties shall have fifteen (15) days from the date of the court's mediation referral order within which to schedule their first mediation session with a qualified mediator. The parties shall notify the court of the mediator selected and the date of the first scheduled mediation session, whereupon the court shall appoint the mediator selected.
a. In the event a mediator is not mutually selected within fifteen (15) days, the plaintiff shall contact the court and the court shall appoint a certified mediator selected by rotation from the current private mediator list. Fla.R.Civ.P. 1.720 (f). The mediation process shall not be used by any party to create unnecessary or avoidable delays in disposing of the case.
b. Unless otherwise excused by the court, all circuit mediations shall be concluded within 45 days of the first mediation conference and the first substantial mediation conference shall take place within sixty (60) days of the referral order. Fla.R.Civ.P. 1.710(a).

2. Attorneys. If a party is represented by counsel, the attorney of record must appear at the mediation conference unless the parties stipulate to the contrary or the court otherwise orders. Fla. Stat. 44.1011(2)(b).

3. Confidentiality. Confidentiality shall be strictly maintained in accordance with Fla. Stat. §44.102(3) (1994). Mediators shall not submit evaluations or recommendations to the court, or otherwise professionally compromise their role as a mediator. Rule 10.080, Fla. R. Cert. Med. Mediators shall comply with the reporting procedures at the conclusion of mediation as required by statute and rule and shall report to the court the fact of attendance or non-attendance of the parties and counsel at all required mediation sessions or conferences, resolution of any issues through mediation and such other information as the parties agree to in writing.

4. Noncompliance. If a party fails to appear at a scheduled mediation session without good cause or without adequate notice of cancellation, or if an agreement between the parties cannot be reached, the mediator shall provide the judge, counsel for all parties, and the referral source, if applicable, with a notice of such failure to appear or failure of resolution by agreement. Willful refusal to appear at a required and scheduled mediation shall place the offending party in jeopardy of sanctions by the court, including contempt of court, assessment of mediator and attorney fees and other costs, the striking of pleadings or portions thereof, and any other sanctions deemed appropriate by the court.

5. Party Defined. For purposes of this order and its implementation, the term "party" shall include any insurance company or any other entity or person which may have a legal obligation to pay or claim any damages sought in the litigation and mediation.

IV. Statistical Reporting.

A. In order to assist in tracking the progress of each case, all orders of referral to mediation and mediation outcome reports, stipulations, or notices of non-settlement shall be filed by the mediator in the court file kept by the Clerk of the Court and copies shall be furnished to the Alternative Dispute Resolution Director. It is the responsibility of the mediator to submit these reports.

B. For purposes of monitoring, developing, and improving the Circuit Court Mediation Program for the Eighth Judicial Circuit, all parties ordered to mediation may be requested to provide statistical but non-identifying information or data on standardized forms regarding the mediators, their compensation, and other administrative or procedural aspects of the mediation process. Compilation and results of such data may be published for statistical and administrative purposes, but will remain confidential in its non-identifying and generic nature. To that extent, such statistical data and information is not deemed a violation of any confidentiality standards as otherwise required by Fla. Stat. §44.102(3) (1994) regarding communications made during a mediation session or proceeding.

This order rescinds Administrative Order 3.1241 entitled Establishment of Circuit Mediation Program dated January 9, 1996.

ORDERED on March 26, 1999.

/s/ ROBERT P. CATES, CHIEF JUDGE