RULE 12.740.
FAMILY MEDIATION
FLORIDA RULES
FLORIDA FAMILY LAW RULES OF PROCEDURE
(a) Applicability. This rule governs mediation of family matters and
related issues. (b) Referral. Except as provided by law and this rule,
all contested family matters and issues may be referred to mediation.
Every effort shall be made to expedite mediation of family issues.
(c) Limitation on Referral to Mediation. Unless otherwise agreed by
the parties, family matters and issues may be referred to a mediator
or mediation program which charges a fee only after the court has determined
that the parties have the financial ability to pay such a fee. This
determination may be based upon the parties' financial affidavits or
other financial information available to the court. When the mediator
is compensated in whole or part by the parties, the presiding judge
may determine the reasonableness of the fees charged by the mediator.
In the absence of a written 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. When appropriate, the court shall apportion
mediation fees between the parties and shall state each party's share
in the order of referral. Parties may object to the rate of the mediator's
compensation within 15 days of the order of referral by serving an objection
on all other parties and the mediator.
(d) Appearances. Unless otherwise stipulated by the parties, a party
is deemed to appear at a family mediation convened pursuant to this
rule if the named party is physically present at the mediation conference.
In the discretion of the mediator and with the agreement of the parties,
family mediation may proceed in the absence of counsel unless otherwise
ordered by the court.
(e) Completion of Mediation. Mediation shall be completed within 75
days of the first mediation conference unless otherwise ordered by the
court.
(f) Report on Mediation.
(1) If agreement
is reached as to any matter or issue, including legal or factual issues
to be determined by the court, the agreement shall be reduced to writing,
signed by the parties and their counsel, if any and if present, and
submitted to the court unless the parties agree otherwise. By stipulation
of the parties, the agreement may be electronically or stenographically
recorded and made under oath or affirmed. In such event, an appropriately
signed transcript may be filed with the court. If counsel for any
party is not present when the agreement is reached, the mediator shall
cause to be mailed a copy of the agreement to counsel within 5 days.
Counsel shall have 10 days from service of a copy of the agreement
to serve a written objection on the mediator, unrepresented parties,
and counsel. Absent a timely written objection, the agreement is presumed
to be approved by counsel and shall be filed with the court by the
mediator.
(2) After the agreement is filed, the court shall take action as required
by law. When court approval is not necessary, the agreement shall
become binding upon filing. When court approval is necessary, the
agreement shall become binding upon approval. In either event, the
agreement shall be made part of the final judgment or order in the
case.
(3) If the parties do not reach an agreement as to any matter as a
result of mediation, the mediator shall report the lack of an agreement
to the court without comment or recommendation. With the consent of
the parties, the mediator's report may also identify any pending motions
or outstanding legal issues, discovery process, or other action by
any party which, if resolved or completed, would facilitate the possibility
of a settlement.
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