Florida
Orange 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; consumer; worthless checks; and property damage.

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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, 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 $251,083; this amount also funded family, dependency, and juvenile restitution programs. However, programs moved from county to state funding in July 2004. Non-court staff mediators (42) volunteer; program staffed by part-time director, part-time coordinator, 2 part-time secretaries, and 6 court staff mediators.

Civil

Program Overview: Mediation is used in civil cases, but there is no court-annexed program in place.

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Family

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

Referral: Voluntary.

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Payment/Costs/Funding: Budget for calendar year 2003 was $251,083, to be shared with county, dependency, juvenile, and adult restitution mediation; small claims arbitration. Non-court staff mediators (19 contract) are compensated at $30/hour/party; there are also 4 volunteers. Program staffed by part-time director, part-time coordinator, 1 court specialist, and 1 administrative assistant.

Appellate

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Criminal

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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 $251,083, shared by county/civil, family, juvenile and adult restitution mediation; and small claims arbitration. Moved from county to state funding July 2004. Non-court staff mediators compensated at $60/hour. Program staffed by part-time director and part-time court specialist.

Delinquency: Juvenile Restitution Mediation and Restorative Justice programs are available.

Teen Court: In the Ninth Judicial Circuit of Florida, Teen Court is a voluntary diversion program from Juvenile Court or school suspension. Teen Court was designed to expedite cases of first-time misdemeanor offenders. Cases are processed within 30 days, and disposed of within 1/3 of the time it would take in Juvenile Court. Offenders admit guilt and waive their rights to a speedy trial. If the offender does not complete the program/sentence, the case returns to the State Attorney’s office for trial in Juvenile Court. The original charge is dismissed if the offender completes all sanctions.

Sanctions include a minimum of 15 hours community service, and serving as a juror from 2-12 evenings in future cases. Other sanctions, such as urinalysis, boot camp, counseling, mentorship, essays, letters of apology, and restitution.

Juries consist of trained teen volunteers and offenders who are required to serve as part of their sentence. Training is provided by the local bar and court personnel.

Truancy: See Teen Court, above.

Restorative Justice Programs

Sentencing Circle:

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Probate

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