Florida
Polk 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; property damage; and neighborhood disputes.

Referral:

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 $50,000. However, programs moved from county to state funding in July 2004. Mediators (20) are not court staff and volunteer their services; staffed by one part-time court administrator and one part-time administrative assistant.

Civil

Program Overview: Case types include auto negligence, contract, eminent domain, product liability, professional malpractice, construction, employment, and mortgage foreclosure.

Referral:

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 or other means adopted by administrative order of the chief judge.

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: Mediators on rotation list (48) compensated at $175/hour. Staffed by part-time court administrator.

Family

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

Referral:

Selection, Qualifications, and Training of Neutrals:

Payment/Costs/Funding: Budget for calendar year 2003 was $218,000; also funded dependency mediation. Moved from county to state funding in July 2004. Program staffed by part-time director/mediator, 2 part-time mediators, 2 part-time secretaries, and one part-time receptionist.

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.

Case types include adjudication, shelter/detention, and termination of parental rights.

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 $218,000, shared with family mediation program. Moved from county to state funding July 2004. Staffed by part-time director/mediator, 2 part-time mediators, and 1 part-time customer service staffperson.

Delinquency:

Teen Court: The Polk County Teen Court is part of the 10^th Judicial Circuit in Florida. Contact Mary Carrier, Coordinator, at 941-534-4648 for more information.

Truancy:

Restorative Justice Programs

Sentencing Circle:

Victim-Offender:

Probate

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