Florida
Alachua 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; worthless checks; and property damage. County mediation in Alachua County is governed by Administrative Order 3.1100(C) and Florida Statute 44.108.

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-court staff mediators (34) are volunteers; program also has 3 court staff mediators, a part-time director, and part-time coordinator.

Civil

Program Overview: County Civil Mediation programs receive civil case referrals from county courts whose jurisdiction covers cases valued up to $15,000. case types include landlord/tenant; contract; recovery of money/property; worthless checks; and property damage. County mediation in Alachua County is governed by Administrative Order 3.1100(C) and Florida Statute 44.108.

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.

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-court staff mediators (34) are volunteers; program also has 3 court staff mediators, a part-time director, and 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.

Family

Program Overview: Cases that may be mediated in the Family Law Mediation Program include visitation, child support, child custody, equitable distribution, attorney fees, spousal support, paternity, and modification.

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.

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: Annual budget for calendar year 2003 was $209,007. Moved from county to state funding in July 2004. Non-staff mediators (22) are compensated at $100/case; program staffed by part-time director/mediator, part-time staff mediator, and one administrative assistant II.

Mediators are available for a set fee to litigants with a combined income of $100,000 or less. A list of private mediators is available for those outside this monetary limitation.

Appellate

Program Overview: The First District Court of Appeal, which encompasses Alachua 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: Dependency mediation program receive 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, termination of parental rights, and disposition.

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 $48,376. Moved from county to state funding in July 2004. Non-staff mediators (7) compensated at $150/case. Program staffed by part-time director/mediator, part-time mediator, and part-time coordinator.

Delinquency: 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.

Teen Court: The Alachua County Teen Court is housed in the county sheriff’s office. Contact Jason Holthus, Teen Court Coordinator, at 352-367-4125 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.