Florida
Volusia 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.

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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 $72,625; this amount also funded the CDS program. However, programs moved from county to state funding in July 2004. Non-court staff mediators (58) volunteer; program staffed by part-time director, part-time coordinator, and one court staff mediator.

Civil

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Family

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

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Payment/Costs/Funding: Budget for calendar year 2003 was $52,512; also funded dependency mediation. Moved from county to state funding in July 2004. Non-court staff mediators (2) compensated at $80/hour; program staffed by part-time director.

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 arraignment, adjudication, and shelter/detention.

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 $52,512, shared with family mediation program. Moved from county to state funding July 2004. Non-court staff mediators (2) compensated at $90/hour. Program staffed by part-time director/mediator and part-time administrative assistant.

Delinquency:

Teen Court: The Volusia County Teen Court was started in 1996. It is operated by the 7^th Circuit Court Administrator’s Office, and is a division of Family Court Services. Cases come from the State Attorney’s Office by way of referrals, and from local law enforcement agencies through the use of civil citations. Possible sentences include community service, restitution, letters of apology, essays, substance abuse education or counseling, peer group counseling, and participating in Teen Court jury duty.

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Restorative Justice Programs

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Probate

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