RULE 12.741.
MEDIATION RULES
FLORIDA RULES
FLORIDA FAMILY LAW RULES OF PROCEDURE
(a) Discovery. Unless
stipulated by the parties or ordered by the court, the mediation process
shall not suspend discovery.
(b) General Procedures.
(1) Interim or
Emergency Relief. A party may apply to the court for interim or emergency
relief at any time. Mediation shall continue while such a motion is
pending absent a contrary order of the court, or a decision of the
mediator to adjourn pending disposition of the motion. Time for completing
mediation shall be tolled during any periods when mediation is interrupted
pending resolution of such a motion.
(2) Sanctions for Failure to Appear. If a party fails to appear at
a duly noticed mediation conference without good cause, the court
upon motion shall impose sanctions, including an award of mediator
and attorneys' fees and other costs, against the party failing to
appear.
(3) Adjournments. The mediator may adjourn the mediation conference
at any time and may set times for reconvening the adjourned conference.
No further notification is required for parties present at the adjourned
conference.
(4) Counsel. Counsel shall be permitted to communicate privately with
their clients. The mediator shall at all times be in control of the
mediation and the procedures to be followed in the mediation.
(5) Communication with Parties. The mediator may meet and consult
privately with any party or parties or their counsel.
(6) Appointment of the Mediator.
(A) Within
10 days of the order of referral, the parties may agree upon a stipulation
with the court designating:
(i) a certified
mediator; or
(ii) a mediator who does not meet the certification requirements
of these rules but who, in the opinion of the parties and upon
review by the presiding judge, is otherwise qualified by training
or experience to mediate all or some of the issues in the particular
case.
(B) If the
parties cannot agree upon a mediator within 10 days of the order
of referral, the plaintiff or petitioner shall so notify the court
within 10 days of the expiration of the period to agree on a mediator,
and the court shall appoint a certified mediator selected by rotation
or by such other procedures as may be adopted by administrative
order of the chief judge in the circuit in which the action is pending.
(C) If a mediator agreed upon by the parties or appointed by a court
cannot serve, a substitute mediator can be agreed upon or appointed
in the same manner as the original mediator. A mediator shall not
mediate a case assigned to another mediator without the agreement
of the parties or approval of the court. A substitute mediator shall
have the same qualifications as the original mediator.
|