Florida
Flagler County

Small Claims

Program Overview: County Civil Mediation programs receive small claims referrals from county courts whose jurisdiction covers cases valued up to $5,000. Case types include landlord/tenant; contract; recovery of money/property; auto repair; consumer; and property damage.

Referral: Discretionary.

Selection, Qualification, and Training of Neutrals: To receive referrals, mediators must complete 20 hours of training certified by the state supreme court, be of good moral character, and complete a mentorship program (observe 4 county court mediations conducted by certified mediator, and conduct 4 county court mediations under a certified mediator’s observation). Certified circuit or family court mediators may also mediation county civil/small claims.

Payment/Costs/Funding: Generally free to disputants. Programs moved from county to state funding in July 2004. Non-court staff mediators (10) are volunteers; program staffed by one part-time director.

Civil

Program Overview: No known program.

Referral: No known program.

Selection, Qualification, and Training of Neutrals: No known program.

Payment/Costs/Funding: No known program.

Family

Program Overview: No known program.

Referral: No known program.

Selection, Qualifications, and Training of Neutrals: No known program.

Payment/Costs/Funding: No known program.

Appellate

Program Overview: The Fifth District Court of Appeal, which encompasses Flagler County as part of the Seventh Circuit, established a mediation program. It operates out of the appellate courthouse in Daytona Beach. All final civil appeals (including family law cases) originating in the District, if all parties are represented by counsel, are eligible for mediation.

Ch. 44 authorizes the use of appellate mediation. Procedural operation is pursuant to administrative order adopted by the District Court.

Referral: Selection of cases appropriate for mediation is made by one of two judges on the court who were previously certified mediators. In all eligible cases (final civil and family appeals with attorney representation of all parties), the parties complete and file with the court a mediation questionnaire setting forth the issues involved in the appeal and their position on whether or not mediation would be helpful. Once a case is selected, mediation is mandatory.

Selection, Qualification, and Training of Mediators: Payment/Costs/Funding: Mediators agree to accept referrals from the court for parties who cannot agree on a mediator at a $200.00 per hour rate and to accept up to two pro bono cases per year, for a limited time span per case, for parties unable to afford the mediation process. Programs moved from county to state funding in July 2004.

Payment/Costs/Funding: Mediators agree to accept referrals from the court for parties who cannot agree on a mediator at a $200.00 per hour rate and to accept up to two pro bono cases per year, for a limited time span per case, for parties unable to afford the mediation process. Programs moved from county to state funding in July 2004.

Criminal

Program Overview: No known program.

Referral: No known program.

Selection, Qualification, and Training of Mediators: No known program.

Payment/Costs/Funding: No known program.

Juvenile

Dependency: No known program.

Delinquency: No known program.

Teen Court: Flagler County’s Teen Court Program is housed in the Judicial Administration Division of the 7^th Judicial Circuit. Contact the Teen Court at 386-437-7407 for more information.

Truancy: No known program.

Restorative Justice Programs

Sentencing Circle: No known program.

Victim-Offender: No known program.

Probate

Program Overview: No known program.

Referral: No known program.

Selection, Qualification, and Training of Neutrals: No known program.

Payment/Costs/Funding: No known program.