Florida
Lee 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 landlord/tenant; contract; recovery of money/property; auto repair; and consumer.

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. Programs moved from county to state funding in July 2004. Non-court mediators (38) volunteer; program staffed by one part-time director, one part-time secretary, and 3 court staff mediators.

Civil

Program Overview: Case types include auto negligence, contract, condominium, and mortgage foreclosure.

Referral: Discretionary.

Selection, Qualification, and Training of Neutrals: Parties have 10 days from the order of referral to select a mediator who may or may not be certified. (Fla. R.C.P. 1.720(f)) If parties do not or cannot make a selection, the court appoints a certified mediator using the rotation list.

Rules for Certified and Court-Appointed Mediators require membership in the Florida Bar for a minimum of 5 years, or a retired judge from any U.S.  jurisdiction. Certified mediators must complete a 40-hour training course certified by the state supreme court and undergo mentorship (observe 2 circuit mediations and conduct 2 circuit mediations under supervision).

Payment/Costs/Funding: Budget for calendar year 2003 was shared with community, family, county/civil, and dependency mediation; juvenile and civil arbitration; and teen court. Moved from county to state funding July 2004. Mediators on list (85) are compensated at $150/hour. Program staffed by part-time director, part-time program supervisor, and 2 part-time secretaries.

Family

Program Overview: Case types include custody and visitation, child support, equitable distribution, spousal support, modification, and paternity.

Referral: Mandatory for custody, visitation, or other parental responsibility issues as defined n F.S.A. 61.13. Most circuits use a dual system of referral, using staff or contract mediators for families with an income below a specific level, and referring other families to private mediators.

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: Budget for calendar year 2003 shared with community, circuit, civil, county, and dependency mediation; civil and juvenile arbitration; and teen court. Non-court staff mediators (75) compensated at $150/hour; program staffed by part-time director, part-time coordinator, and 2 part-time secretaries III.

Appellate

Program Overview: No known program.

Referral: No known program.

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

Payment/Costs/Funding: No known program.

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: Dependency mediation program receives referrals from judges, attorneys, and DCF involved in child abuse and neglect cases in juvenile court. Cases may be referred at any stage, from filing of petition or later, when the child may be in foster care and termination of parental rights is being pursued.

There may be many different participants, including parents, social service counselors from DCF, guardians ad litem, relatives, and others to engage in facilitated discussion. There are no restrictions on the types of issues that may be addressed in mediation. Parties may come to full or partial agreement on placement, custody, terms of case plan, visitation, treatment, child support, independent living (teens), and long-term foster care.

Rules for Certified and Court-Appointed Mediators, R.10.100(d), require mediators of dependency cases to complete a training court certified by the state supreme court and consisting of 40 hours (for those not already certified as family mediators, or for family mediators who have not yet mediated 4 dependency cases); or 20 hours for those who are certified family mediators who have mediated at least 4 dependency cases. Also required: master’s degree or higher in social work, mental health, behavioral or social sciences; or licensed physician licensed to practice adult or child psychiatry or pediatrics; or attorney licensed to practice in any U.S. jurisdiction. One must also possess 4 years experience in family and/or dependency issues or be a licensed mental health professional with at least 4 years practical experience, or be a supreme court certified family or circuit mediator with a minimum of 20 mediations. To be certified, one must also observe 4 dependency mediations conducted by a certified dependency mediator, and mediate 2 dependency cases under the supervision and observation of a certified dependency mediator. Dependency mediators must also be of good moral character.

Budget for calendar year 2003 was shared with community, family, county/civil, and circuit civil mediation; civil and juvenile arbitration; and teen court. Moved from county to state funding in July 2004. Non-court staff mediators (7) compensated at $150/hour. Program staffed by part-time director and part-time secretary.

Delinquency: Juvenile Arbitration.

Teen Court: The Lee County Teen Court is housed in the 20^th Judicial Court Administrator’s Office. Contact Evelyn Kirbach, Teen Court Program Coordinator, at 941-458-7048 for 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.