Florida
Gilchrist County

Small Claims

Program Overview: County Civil Mediation programs receive civil case referrals from county courts whose jurisdiction covers cases valued up to $15,000. The programs began in small claims (up to $5,000), but there has been an annual increase in cases over $5,000. Case types include recovery of money/property; consumer; and neighborhood disputes.

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 mediate county civil/small claims.

Payment/Costs/Funding: Generally free to disputants, although mediators in cases above the $5,000 small claims limit ($5,000-15,000) may be paid by the court or by the parties. Program budget for calendar year 2003 was $42,872; this amount also funded the program in 5 other counties in the district. However, programs moved from county to state funding in July 2004. Non-staff mediators (4) are volunteers; staffed by one part-time director and one part-time coordinator.

Civil

Program Overview: County court cases receive civil case referrals from county courts whose jurisdiction covers cases valued up to $15,000. Case types include recovery of money/property; consumer; and neighborhood disputes.

Referral: Discretionary for county court cases. Administrative Order No. 3.1241(A) requires mediation in all contested circuit court cases (claim exceeds $15,000).

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 mediate county civil/small claims.

In most circuit cases, parties select their own mediator. A list of certified circuit mediators is available on the Dispute Resolution Center Mediator Reporting System site.

Payment/Costs/Funding: Mediators may be paid by the court or by the parties. Program budget for calendar year 2003 was $42,872; this amount also funded the program in 5 other counties in the district. However, programs moved from county to state funding in July 2004. Non-staff mediators (4) are volunteers; staffed by one part-time director and one part-time coordinator.

Litigants in county cases above small claims who choose to use the court program are required to pay a fee of $40 per person, per session. No fee assessed when litigants are determined to be indigent or for eviction cases. Private mediators also available; parties pay. This is the case in circuit court.

Family

Program Overview: Cases that may be mediated in the Family Law Mediation Program include dissolution, child support, parental responsibility, distribution of property, alimony, child support modification, changes in parental responsibility (custody/visitation), and paternity actions where paternity has been established.

Referral: According to Administrative Order 5.1070(c), any case that involves family matters and issues shall be referred to family mediation unless otherwise excepted by statute, rule or court order. 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.

Selection, Qualifications, and Training of Neutrals: Under Florida Family Law Rules of Procedure. R. 12.740, individuals ordered to mediation have 10 days to agree upon a mediator who may or may not be certified. If there is no agreement, the court refers parties to a mediator selected from the rotation list maintained by the court or by some other manner adopted by administrative order of the chief judge.

Minimum qualifications for certification as a family mediator require a master’s degree or higher in social work, mental health, behavioral or social science; or be a physician certified to practice psychiatry; or be an attorney or certified public accountant licensed to practice in any U.S. jurisdiction; with at least 4 years practical experience in one of the aforementioned fields or 8 years family mediation experience with a minimum of 10 mediations/year. A minimum of 40 hours family mediation training, certified by the state supreme court; observation of 2 family mediations conducted by a certified family mediator; mediation of 2 cases supervised/observed by a certified family mediator; and good moral character are also required. (Florida Rules for Certified and Court-Appointed Mediators, R. 10.100(b))

Payment/Costs/Funding: Parties with a combined gross annual income less than $100,000 may utilize the court-based program. In accordance with Section 44.108 of the Florida Statutes, parties utilizing the court-based family mediation program are assessed fees for mediation as follows: (a) $80/person per session when parties’ combined income is greater than $50,000, but less than $100,000 per year; (b) $40/person per session when the parties’ combined income is less than $50,000. A typical mediation session runs 2-3 hours. Contract mediators are used.

Parties whose combined gross income exceeds $100,000 per year or who do not have a petition filed must hire a private mediator.

Appellate

Program Overview: The First District Court of Appeal, which encompasses Gilchrist County as part of the Eighth Circuit, had established a mediation program. In 2001, due to statewide budget restrictions, program ceased operations.

Referral: No known program.

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

Payment/Costs/Funding: No known program.

Criminal

Program Overview: In the Adult Criminal Mediation program, any unresolved issues may be mediated, including plea, restitution, and whether formal charges will be filed. The assistant state attorney and defendant, and defendant’s attorney (if any) may be present. At the assistant state attorney’s discretion, the victim, victim advocate, and/or representative from law enforcement may be present.

Referral: One attorney refers the case for mediation after both attorneys have agreed, in consultation with the victim and defendant, that mediation is appropriate. Cases may be referred at any stage of the process: pre-charge, pre-plea, post-plea, pre-sentence, post-sentence, violation of parole, or appeal.

Selection, Qualification, and Training of Mediators: Mediators must be certified by the Florida Supreme Court as Circuit, Dependency, Family, and/or County Mediators. Mediators must also receive specialized training in criminal mediation.

Payment/Costs/Funding: No cost to parties.

Juvenile

Dependency: The Dependency Mediation program serves children and families involved in the court system because of allegations of abuse, abandonment, and/or neglect.

Common issues involved in juvenile dependency mediation include case planning, custody, visitation, shared parental responsibility, temporary and long-term placement, foster care, placement with relatives and non-relatives, shelter care, family dynamics, parent education, family services, reunification, termination of parental rights, and adoption.

Parties may include parents and their attorneys, a guardian ad litem volunteer, coordinator, attorney, Children and Families caseworkers and attorney, counselors, child caretakers, foster parents, and relatives. Children may also participate if so ordered or agreed upon.

If total or partial agreement is reached on any issue, parties sign a written agreement prepared for review and approval by the judge. If no agreement is reached, the case returns to court.

Teen Court: In juvenile cases, restitution may be mediated through the Delinquency Mediation Program. Restitution may be arranged by monetary payment, community service, or other means acceptable to the parties. Cases are referred at the discretion of the state attorney’s office. At least one parent/guardian, the juvenile, and the victim are present. The victim may also choose to have a support person and/or victim’s advocate present. Mediators have been certified by the Florida Supreme Court as Circuit, Dependency, Family, and/or County Mediators. Mediators have also received specialized training in Juvenile Mediation.

Truancy: No known program.

Restorative Justice Programs

Sentencing Circle: No known program.

Victim-Offender: No known program.

Probate

Program Overview: No known program.