Establishment Of Family, Domestic Violence, Dependency, Children In
Need Of Services, And Grandparent Visitation
Mediation Programs
Court ordered mediation in cases of disputed family issues, dependency, children in need of services, and grandparent visitation is authorized by 44.102, 39.4033, 39.41, 39.4365, 61.183, 752.015 Fla. Stats. (1995) and Fla. Family Law R. P. 12.740 and 12.741 which provide for mediation of contested family matters and issues. Mediation is a process whereby a neutral third person acts to encourage and facilitate resolution of litigant disputes prior to judicial determination in an informal, non-adversarial manner with the goal of helping the parties reach a mutually acceptable agreement.
Administrative Order No. 1.1070(B) established the Family Mediation Program for the Eighth Judicial Circuit. That program has proven to be a judicial process that improves the efficiency and proper administration of justice for families and children. It should be extended at this time to include programs for mediation of juvenile dependency cases, children in need of services cases, grandparent visitation cases, and for limited disputed issues in appropriate domestic violence cases. It is necessary to articulate and establish a procedural framework within which participants in these programs will operate throughout the Eighth Judicial Circuit. It is therefore,
ORDERED as follows:
Part I Family Mediation Program
A. Referral of Family Matters to Mediation.
For purposes of this order, the term "family matters and issues" means disputed issues in marriage dissolution and post-dissolution proceedings and in domestic proceedings between unmarried parents, including but not limited to the following areas of dispute: dissolution of marriages; property division and equitable distribution; shared or sole parental responsibility; and child support, primary residence and parent access issues involving emotional or financial considerations not usually present in other circuit civil cases.
Upon a finding from the record that a case involves family matters and issues, as defined above and by 44.1011(2)(d) and 61.183(1), Fla. Stat. (1995) and by Fla. Family Law R. P. 12.740, the case shall be referred to family mediation unless otherwise excepted by statute, rule, or court order.
The parties are encouraged to proceed to family mediation at an early stage of the proceedings. However, unless otherwise excepted by statute, rule, or court order, no later than the first case management conference, the court shall order compliance with this administrative order mandating mediation for all family matters or disputed portions thereof.
The court shall not refer any case to mediation if it finds there
has been a significant history of domestic abuse which would compromise
the mediation process. See, Fla. Fam. Law R.P. 12.200(9),(10),(11)
and 44.102(2)(b), Fla. Stat. (1995). Upon written motion with good cause
shown, a party may apply to the court to extend the time for, waive,
or toll the required mediation.
B. Family Mediation Program Director
All family mediation services shall be administered and coordinated by the Family Mediation Program Director at the direction of the Chief Judge of this circuit.
C. Program Mediation Services for Alachua County
The Family Mediation Program Director, Family Mediation Program
mediators, as well as other volunteer or pro bono private mediators, shall
provide program
mediation services to eligible parties.
D. Program Mediation Services for Baker, Bradford, Gilchrist, Levy and Union Counties
In Baker, Bradford, Gilchrist, Levy and Union Counties, program
mediation services for eligible parties will be coordinated by the Family
Mediation Program Director employing contract mediators, volunteer mediators
or pro bono private mediators. Fees, if required, will be on a sliding
scale basis to eligible parties and at no cost to parties who are financially
unable to pay for Family Mediation Program services. Any fees collected
will be paid to the Family Mediation Program. The sliding fee scale will
be a separate attachment to this order and shall be amended from time to
time with the approval of the Chief Judge. If contract mediation is utilized,
all contract mediators shall be compensated as authorized by contract from
the Family Mediation Trust Fund of the respective county. Prior to the
appointment of a contract mediator, the Family Mediation Program Director
shall determine that sufficient funds are available for that purpose. If
the funds are not available, the Family Mediation Program Director shall
seek the direction of the circuit judge assigned to the family division
in the county in which the case is filed.
E. Private, Non-Program Mediators
In those cases involving parties who are not eligible for Family Mediation Program services, or those who choose not to use Program Mediation services, private mediators shall be utilized. Compensation of private mediators shall be paid by the parties themselves prorated based on their gross incomes, as agreed to in advance in writing, or as otherwise ordered by the court. A private mediator shall be paid for all reasonable preparation, session, and drafting time. In the absence of an agreement providing for the mediator's compensation, the mediator shall be compensated at the hourly rate set by the presiding judge in the referral order. Parties may object to the rate of the mediator's compensation within 15 days of the order of referral pursuant to Fla. Fam. Law R.P., Rule 12.740(C).
All family mediators shall conduct themselves in a professional manner
as required by 44.106, Fla. Stat. (1995) and the Standards of Professional
Conduct established by F.R.Civ.P. Rule 10.020-10.290. On behalf
of the Chief Judge, the Family Mediation Program Director shall maintain
a listing of Supreme Court certified private mediators who have registered
for appointment in this circuit, are willing to serve the Eighth Judicial
Circuit for private mediation referral purposes on a rotation basis, and
are willing to provide the program director with yearly statistical information
on all family mediation cases including those not referred by the Mediation
Program. The Family Mediation Program Director shall also maintain, for
each listed private family mediator, information provided by that mediator
indicating professional areas of expertise, education, and experience applicable
to the mediation services to be provided.
F. Family Mediation Procedures.
The Family Mediation Program process shall be governed by Fla. Fam. Law R.P., Rules 12.740, and 12.741, the applicable portions of 44.102, Fla. Stat. (1995). Other enabling policies, procedures, standard forms, schedules, and related information shall be developed in keeping therewith and with approval of the Chief Judge.
The following additional procedures shall apply:
1. All party litigants shall have ten days from the date of the court's order directing compliance within which to schedule their first mediation session with the Family Mediation Program or a private mediator. In the event a mediator is not mutually agreed upon and selected within ten days, the petitioning party or the party's attorney shall contact the Family Mediation Program Director for appointment of a private mediator from the rotation list of certified mediators registered for appointment in this circuit. The mediation process shall not be used by any party to create delays in disposing of the case.
2. Unless otherwise excused by the court, all mediations shall be concluded within seventy-five days of the first mediation conference and the first substantial mediation conference shall take place within thirty days of the order directing compliance. 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.
3. While it may be desirable that attorneys for the parties attend the mediation sessions, attorney attendance shall not be required. Represented parties are strongly encouraged to review the contents of any proposed agreement emanating from mediation with their respective counsel of record as soon as possible and well within the ten-day period allowed for written objections to such agreement. See, Fla. Fam. Law R.P., Rule 12.740(f)(2).
4. Except as otherwise provided by law, all verbal or written communications made during a mediation session or proceeding other than an executed settlement agreement shall be confidential and inadmissable in subsequent legal proceedings. Confidentiality shall be strictly maintained in accordance with 44.102(3), Fla. Stat. (1995). Family mediators are not authorized to conduct, prepare, communicate nor submit evaluations and recommendations to the court, or otherwise professionally compromise their role as mediator with other inapplicable roles such as investigator, evaluator, therapist or legal advisor. Family mediators shall comply with the reporting procedures at the conclusion of mediation as required by statute and by Fla. Fam. Law R.P., Rule 12.740(f) and shall report to the court and the Mediation Program Director the fact of attendance or non-attendance of the parties at all required mediation sessions or conferences, the existence or non-existence of mediated agreements or mediated partial agreements, and such other information to which both parties agree in writing.
5. 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 family mediator shall provide the judge, counsel for both parties, and the Family Mediation Program Director with a notice of such failure to appear or failure of resolution by agreement. Willful refusal to schedule or failure to appear at a required and scheduled mediation, without good cause, 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/or other appropriate sanctions.
6. Fees, if required, for mediation conducted through the Family Mediation Program will be on a sliding scale basis to eligible parties and at no cost when the parties are financially unable to pay for Family Mediation Program Services. Any fees collected shall be paid to the Family Mediation Program. The sliding fee scale shall be a separate attachment to this order and shall be amended from time to time with approval of the Chief Judge. The Family Mediation Program shall maintain accurate records reflecting all fees received pursuant to this order and shall provide to each party a receipt of the payment made. All fees collected by the Family Mediation Program shall be remitted on a regular basis to the county in which they are collected in accordance with standard operational procedures established within the Finance Department of the respective county. Those fees shall be credited to the family mediation account and utilized to fund the services provided by the Family Mediation Program.
7. In the event payment for services is not made in a timely manner
or if either party does not provide sufficient notice of cancellation (twenty-four
hours notice of cancellation to the mediator) and upon motion by the mediator,
the court may issue an order to show cause as to why the court should not
assess fees and costs against the responsible party or parties.
G. Mediation Procedures for Department of Revenue Initiated Child Support Enforcement Cases
The procedures for mediation in Department of Revenue initiated
child support enforcement cases shall be established by the Family Mediation
Program, the Child Support Enforcement Hearing Officers, and the Administrative
Judge of the Family Law Division and shall become effective after approval
of the Chief Judge. Where such procedures conflict with the Family Mediation
procedures enumerated in section F above, the child support enforcement
procedures established pursuant to this paragraph will govern.
H. Funding for the Family Mediation Program
As authorized by 44.108, Fla. Stat. (1995), funding for the Family Mediation Program in the Eighth Judicial Circuit shall be accomplished by levy of the following service charges or filing fees subject to approval for appropriation by the Board of County Commissioners in each county of the circuit:
1. In addition to other service charges already levied by law, a service charge of no more than $5.00 on any circuit court proceeding; and
2. In addition to other service charges already levied by law, a service charge of no more than $45.00 for any petition, counter-petition, or other pleading requesting or seeking a modification of a previously adjudicated final judgement.
3. The Family Mediation Program may be funded by other sources in addition to the fees set forth in 1 and 2 above.
4. The Clerk of the Court shall deposit all fees set forth above
into the Family Mediation Trust Account to be used to support the Family
Mediation Program and shall provide an accounting of accrued funds to the
Family Mediation Program Director quarterly. The Clerk of the Court shall
forward $1.00 of each fee charged in 1 and 2 above to the Office of the
State Courts Administrator in compliance with 44.108(4), Fla. Stats. (1995).
I. Eligibility for Family Mediation Program Services
When the combined gross income of the parties is less than $50,000,
the case shall be eligible to use the Family Mediation Program services.
When the combined gross income of the parties is $50,000 or greater, a
presumption will be created that the parties have the ability to hire a
private mediator unless the court finds that there are extraordinary circumstances
which make the parties unable to afford a private mediator. Private mediators
are encouraged to offer services on a sliding fee scale.
J. Statistical Reporting.
In order to assist in tracking the use of family mediation in the circuit and the progress of each case, the private or program mediator shall receive copies of all orders of referral to mediation. Copies of mediation outcome reports shall be filed by the mediator in the court file and a copy shall be furnished to the Family Mediation Program Director. It is the responsibility of the family mediator to submit these reports. In cases where the requirement of mediation is waived by the court, an order waiving this requirement will be prepared by the party requesting waiver with a copy furnished to the Family Mediation Program Director.
For purposes of monitoring, developing, and improving the Family
Mediation Program, 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. 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 44.102(3), Fla. Stats.
(1995) regarding communications made during a mediation session or proceeding.
Part II Domestic Violence Limited Mediation Program
Disputed family matters are often at issue in cases where the court has decided that a permanent injunction against domestic violence should be entered. The issues remaining after the court has decided to enter the injunction may include child custody, care or visitation, as well as financial matters. These disputed family matters fall within the meaning of 44.102, Fla. Stats. (1995) and Fla. Fam. Law R.P., Rules 12.740 and 12.741. Family mediation has improved the efficiency of the court and proper administration of justice for families and children. Therefore, a Domestic Violence Limited Family Mediation Program would be in the best interest of the citizens of the Eighth Judicial Circuit. It is therefore,
ORDERED as follows,
1. A Domestic Violence Limited Family Mediation Program is hereby established under the auspices of the Family Mediation Program of the court. The issues to be mediated shall not include the domestic violence itself nor the entry of an injunction against domestic violence. The procedures for this program, including a screening protocol, shall be established by the Family Mediation Program and the Administrative Judge of the Family Law Division with significant input from the local domestic violence center (SPARC). It shall become effective only after approval of the Chief Judge.
2. Only those cases referred by the court shall be processed through the Domestic Violence Limited Family Mediation Program.
3. No case shall be referred if the court finds there has been a significant history of domestic violence which would compromise the mediation process.
4. Any party referred to mediation by the court shall have the unconditional right to decline to participate or withdraw from mediation at any time and the case shall be returned to the court by the mediator without comment other than "no agreement reached".
5. Except as otherwise provided by law, all issues raised and facts discussed during the course of mediation shall be confidential and shall not become part of the court record. Any agreement executed by all parties shall become part of the court record.
6. Nothing herein shall be construed to abrogate any rights or
obligations conferred by rule or statute.
Part III Juvenile Dependency Mediation Program
The legislature has enacted 44.102, 39.4033 and 39.41, Fla. Stats. (1995) which provide for referral of juvenile dependency matters to mediation. Family mediation has improved the efficiency of the court and proper administration of justice for families and children. Therefore, a Juvenile Dependency Mediation Program would be in the best interest of the citizens of the Eighth Judicial Circuit. It is therefore,
ORDERED as follows,
1. A Juvenile Dependency Mediation Program is hereby established for the Eighth Judicial Circuit under the auspices of the Family Mediation Program of the court. The procedures shall be established by the Family Mediation Program and the Administrative Judge of the Family Law Division and shall become effective after approval of the Chief Judge.
2. Only those cases referred by the court shall be processed through the Juvenile Dependency Mediation Program.
3. Any of the parties as defined by Fla. Juv. R.P., Rule 8.210 or others made party to the case by order of the court, their counsel, and the employees of the Department of Health and Rehabilitative Services, may be required to attend such mediation sessions by order of the court.
4. Fees, if required, for dependency mediation conducted through the Family Mediation Program will be on a sliding scale basis to eligible parties and at no cost when the parties are financially unable to pay for Family Mediation Program services. Any fees collected shall be paid to the Family Mediation Program. The sliding fee scale will be a separate attachment to this order and shall be amended from time to time with the approval of the Chief Judge.
5. Except as otherwise provided by law, all issues raised and facts discussed during the course of mediation shall be confidential and shall not become part of the court record. Any agreement executed by all parties shall become part of the court record.
6. Willful refusal to schedule or failure to appear at a required
and scheduled mediation, without good cause, 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/or other appropriate sanctions.
Part IV Children In Need Of Services Mediation Program
The legislature has enacted 39.4365, Fla. Stats. (1995) which provides for mediation in child-in-need-of-services proceedings. Family mediation has improved the efficiency of the court and proper administration of justice for families and children. Therefore, a Children in Need of Services Family Mediation Program would be in the best interest of the citizens of the Eighth Judicial Circuit. It is therefore,
ORDERED as follows,
1. A Children in Need of Services Family Mediation Program is hereby established for the Eighth Judicial Circuit under the auspices of the Family Mediation Program of the court. The procedures for this program shall be established by the Family Mediation Program and the Administrative Judge of the Family Law Division and shall become effective only after approval of the Chief Judge.
2. A case may be referred to mediation at any stage of the proceeding. The court may order mediation upon referral by the case staffing committee, referral by any of the parties or on its own pursuant to 39.4365, Fla. Stats. (1995).
4. Fees, if required, for Children in Need of Services mediation conducted through the Family Mediation Program will be on a sliding scale basis to eligible parties and at no cost when the parties are financially unable to pay for Family Mediation Program services. Any fees collected shall be paid to the Family Mediation Program. The sliding fee scale shall be a separate attachment to this order and shall be amended from time to time with the approval of the Chief Judge.
5. Except as otherwise provided by law, all issues raised and facts discussed during the course of mediation shall be confidential and shall not become part of the court record. Any agreement executed by all parties shall become part of the court record.
6. Willful refusal to schedule or failure to appear at a required
and scheduled mediation, without good cause, 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/or other appropriate sanctions.
Part V Grandparent Visitation Mediation Program
The legislature has enacted 752.015, Fla. Stats. (1995) which provides for mediation in cases filed pursuant to 752.01, Fla. Stats. (1995) and relating to grandparent visitation. Family mediation has improved the efficiency of the court and proper administration of justice for families and children. Therefore, a Grandparent Visitation Mediation Program would be in the best interest of the citizens of the Eighth Judicial Circuit. It is therefore,
ORDERED as follows,
1. A Grandparent Visitation Mediation Program is hereby established for the Eighth Judicial Circuit under the auspices of the Family Mediation Program of the court. The procedures for this program shall be established by the Family Mediation Program and
the Administrative Judge of the Family Law Division. The procedures shall become effective only upon approval of the Chief Judge.
2. A case may be referred to mediation at any stage of the proceeding. The court may order mediation upon referral by any of the parties or on its own.
3. Fees, if required, for grandparent visitation mediation conducted through the Family Mediation Program will be on a sliding scale basis to eligible parties and at no cost when the parties are financially unable to pay for Family Mediation Program Services. Any fees collected shall be paid to the Family Mediation Program. The sliding fee scale shall be a separate attachment to this order and shall be amended from time to time with the approval of the Chief Judge.
4. Except as otherwise provided by law, all issues raised and facts discussed during the course of mediation shall be confidential and shall not become part of the court record. Any agreement executed by all parties shall become part of the court record.
5. Willful refusal to schedule or failure to appear at a required
and scheduled mediation, without good cause, 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/or other appropriate sanctions.
This administrative order supersedes and rescinds Administrative Order No. 1.070(B). Any prior administrative orders relating to family mediation programs and procedures are hereby superseded and rescinded.
ORDERED on July 5 , 1996.
/signed ROBERT P. CATES, CHIEF JUDGE