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Mediation

Do You Really Have to Go to Court?

The goal of mediation is to give people the opportunity to settle their disputes in an informal, confidential setting, rather than “fighting it out” in court, which can be both costly and time-consuming.

During mediation, you and the other parties in your case will meet with a mediator who is specially trained in the skills of resolving conflicts such as yours. The mediator guides the parties towards settlement by opening the lines of communication -- listening carefully to the concerns and ideas of each side and encouraging them to listen to one another with an open mind. This allows disputing parties to clarify their differences, understand each other’s views, look at possible solutions and ultimately, reach an agreement that all parties are satisfied with. Successful mediation not only saves time and money, but allows the parties to maintain control over the important decisions in their case, rather than proceeding through the judicial system and leaving it up to the Court to decide.

Miami-Dade County Courts provide in-house mediation services in Family, Juvenile Dependency, and County Court cases (including Landlord Tenant, Small Claims and Other Count Civil matters). Please refer to these links for specific information about mediation in your particular type of case. Additionally, Mediation Frequently Asked Questions provide information on the mediation process and how it works in the Eleventh Judicial Circuit of Florida.

FREQUENTLY ASKED QUESTIONS
Mediation

Contact Information

Mediation/Arbitration Division
Dade County Courthouse, Room 1801
73 West Flagler Street
Miami, Florida 33130
Phone: (305) 349-7328
Fax: (305) 349-7342

How can mediation help my case?

    Mediation:
  • Allows the parties to decide important issues for themselves, rather than having the Court make the decision for them
  • Results in agreements in which parties are more satisfied
  • Results in a fewer number of parties returning to court to change the conditions of
    their Final Judgment
  • Is highly cost effective and takes less time than going to court
  • Is held in a confidential, non-adversarial setting
  • Allows more time for parties to try and resolve their disputes
  • Avoids the anxiety and other negative aspects of arguing a case in court
  • Fosters future positive relationships between the parties

What to Expect

You and the other parties in your case will sit down together with the mediator in an informal, conference room setting. The mediator will begin by explaining the mediation process and answering any questions you may have. Each side is given an opportunity to express their concerns and talk about the case from their point of view. During the negotiation process, the mediator helps the parties clarify what the issues are and consider possible ways to resolve their differences so that an agreement can be reached. There may be a time that the mediator speaks to each party privately. These are called “caucuses”and are confidential discussions between the mediator and the individual party.

At the end of the mediation conference:

  • The parties may reach an agreement on all of the issues in their case. This is produced in a written document and submitted to the judge for approval. Once the judge approves your agreement, it becomes a binding Order of the Court and your case is officially settled.
  • The parties may come to an agreement on some, but not all, of the issues. This partial agreement is also produced in writing for the judge’s approval and the remaining disputes in your case will be decided by the Court.
  • The parties may not agree on any of the issues, which is called an “impasse”. Your case will proceed through the normal judicial process and be decided by the Court.

    What types of cases does the Court’s in-house Mediation Division handle?

    County Court Mediation
    Landlord/Tenant cases relating to nonpayment of rent, evictions and other disputes between landlords and their tenants;
  • Small Claims cases for damages of $5,000 or less (excluding Landlord/Tenant cases), such as auto and other negligence, contract and indebtedness, and other claims not exceeding $5,000; and,
  • Other County Civil cases involving claims of $5,001 to $15,000. These cases also involve negligence, contract and indebtedness, and other county civil claims, but the amount of money at issue is greater than Small Claims cases.

    Family Mediation
  • Divorce cases (dissolutions of marriage) involving matters such as child support, custody, visitation and parenting plans, as well as spousal support, division of property, assets and debts; and,
  • Post-Judgment Modification matters in which one or both divorced parties return to court to change (modify) the conditions of their Final Judgment. These cases may involve changes in child-related issues as well as modification of financial matters decided upon in the divorce.

    Juvenile Dependency Mediation

  • Dependency cases in which parents are charged with the abuse, neglect or abandonment of a minor child.


    How does my case get referred to mediation?

    If the judge determines that your case can benefit from mediation, you will receive an Order of Referral to Mediation. Read this Order and any accompanying information carefully for details on the procedures you must follow according to your specific type of case. You have the choice of utilizing the Court’s in-house mediators or hiring a private mediator of your choice within the time limit specified in the Order.

    If you have not been court-ordered to our in-house Mediation Division but wish to take advantage of these services, you or your attorney may indicate your desire for referral to mediation in pleadings to the judge, or at one of your scheduled court hearings. It is best to schedule your mediation conference as early as possible to help settle your case and avoid the cost and time of taking you case to Court.

    How long does in-house mediation take?

    That depends on the type of case, and the number and complexity of the issues under dispute. Most County Court cases are resolved within an hour. Family Mediation is scheduled in one and a half hour sessions. Three hours are set aside for Juvenile Dependency Mediation, in which multiple parties focus on resolving complex issues surrounding the safety and welfare of abused and neglected children. Additional sessions may be scheduled if your case requires more time and the parties agree to pay the extra cost.

    Is mediation confidential?

    Yes. Mediation is privileged and confidential, with certain exceptions which are noted in Chapter 44 of the Florida Statutes. One reason why mediation is so successful is that people are able to talk freely about their concerns, understanding that what they say cannot be used against them in court. Your discussions during mediation cannot be divulged to outside parties, including the judge. If you are unable to reach an agreement, the mediator simply reports this to the judge without commenting any further on your case. Judges are not informed of the reasons for an unsuccessful mediation and do not hold this against the parties.

    Note: Written agreements produced during mediation are submitted to the judge for approval and become part of the case file. Like most other court documents, these agreements are “of public record” unless otherwise ordered by the judge.

    What if I fail to appear?

    If you fail to appear for court-ordered mediation as scheduled, your case will be referred back to the judge for further action.

    Is it necessary to have an attorney for mediation?

    If you have not hired an attorney to represent you in your case, you may of course attend the mediation alone. Please note, however, that the mediator cannot provide legal advice. If you are represented by an attorney, your attorney will receive the Order of Referral to Mediation and should also attend the conference with you.

    How much does mediation cost and where do I pay?

    County Court Mediation:

  • Landlord/Tenant cases: free of charge
  • Small Claims cases: free of charge
  • Other County Civil cases: $80 per one-hour session, to be paid 50% by the Plaintiff(s) and 50% by the Defendant(s), unless otherwise ordered by the Court or agreed to by the parties

    Juvenile Dependency Mediation: free of charge

    Family Mediation: Fees are based on the combined incomes of the divorcing couples. Please click here for specific costs and payment information.

    You must pay all mediation fees to the Clerk of Court prior to your scheduled conference date or your session will be cancelled and the judge will be notified for further action. Please refer to your Order of Referral to Mediation for detailed payment information.

    What if I can’t afford to pay the mediation fees?

    First of all, the Court’s Landlord/Tenant, Small Claims and Dependency Mediation services are free of charge. Only Family Mediation and Other County Civil Mediation (cases beginning with the letters “CC”) require fees, at a low cost. If you cannot afford to pay these mediation fees and qualify for indigent status, the Court may waive payment for your court-ordered mediation conference. To qualify for non-payment of mediation fees, each party must obtain an Affidavit of Indigency from the Clerk’s Office and have it approved by the judge. The Mediation Division will then be notified that no payment is required.

    What are the mediator’s qualifications?

    In order to receive court-ordered referrals, a mediator must meet the standards and training necessary for certification by the Supreme Court of Florida. These qualifications are established in Rule 10.100, Florida Rules for Certified and Court-Appointed Mediators.

    Persons with Disabilities

    If you need assistance to participate in a court proceeding, program or service, please contact the ADA Coordinator, at:
    (305) 349-7354 (Office)
    (305) 349-7175 (Voice mail)
    (305) 349-7174 (TDD)
    (305) 349-7355 (Fax)
    (800) 955-8770 (Florida Relay Service)
    Email:ADA@jud11.flcourts.org



    County Court Mediation

    Frequently Asked Questions

  • Contact Information
  • What to Expect
  • Where do I go for my County Court Mediation conference?
  • How much does County Court Mediation cost and how do I pay?
  • May I hire a private mediator?
  • How long will County Court Mediation take?
  • Who must be present at the conference?
  • What if an interpreter is needed during County Court Mediation?
  • What if I need to reschedule or cancel my mediation conference?
  • What happens if I fail to appear at mediation?
  • What if I settle my case before the mediation conference?
  • Is County Court Mediation confidential?
  • Persons with Disabilities

    Contact Information

    County Court Mediation
    Dade County Courthouse, Room 1701
    73 West Flagler Street
    Miami, Florida 33130
    Phone: (305) 349-7337
    Fax: (305) 349-7339

    What to Expect

    All County Court cases need an order from the judge to be referred to our in-house County Court Mediation Division. The referral process depends on the type of case filed, as follows:

    Landlord/Tenant cases - claims of nonpayment of rent, evictions and other disputes between landlords and their tenants: If you receive an “Order of Referral to County Court Mediation and Order for Trial (Landlord/Tenant)”, you must comply with all the conditions of this order. This includes attending a mediation conference that will be scheduled on the same day as your trial date. You will first attend your court-ordered mediation conference. If your case does not settle during mediation, you must then go directly to the judge’s office (chambers) and your case will be heard in court.

    Small Claims cases - claims of $5,000 or less, excluding Landlord/Tenant actions: Small Claims cases are set for Pre-Trial Hearing and mediation on the same day. You will first attend your Pre-Trial Hearing. If your case does not settle during Pre-Trial, an onsite mediator may then conduct a short mediation session with all parties to assist in resolving the case. If an agreement cannot be reached, you will be sent to the judge’s office to get a trial date.

    Other County Civil cases - claims of $5001 - $15,000: County Civil cases differ from Small Claims cases in that they do not have a Pre-trial Hearing. Referral to mediation is ordered:
  • During a court hearing, if the judge feels that mediation is needed to help resolve the disputes in your case; or,
  • If one or both parties, or their attorneys, request an Order of Referral to County Court Mediation and the judge agrees that this is appropriate.

    If you cannot resolve your disputes through mediation, your case will be set on the judge’s calendar for trial.

    Where do I go for my County Court Mediation conference?

    Most County Court Mediation sessions are conducted in Room 1701 of the Dade County Courthouse, 73 West Flagler Street, Miami, Florida 33130, unless otherwise specified in your Order of Referral to County Court Mediation. For instance, if your case is being handled at one of our six District Courts, your conference will most likely be held there. Please read the Order of Referral carefully for location and other specific information, and contact County Court Mediation at (305) 348-7337 if you have any questions.

    How much does County Court Mediation cost and how do I pay?

    Landlord Tenant disputes and Small Claims cases are free of charge.

    Other County Civil cases: $80 for a one-hour mediation session, to be paid 50% by Plaintiff(s) and 50% by Defendant(s), unless the judge orders otherwise or the parties agree on a different payment arrangement, which must be approved by the judge. Payment must be made at the Clerk’s Office seven days before your scheduled mediation conference. If the mediation is longer than the one-hour session, the balance will be paid at the conclusion of your conference.

    May I hire a private mediator?

    Yes. If you wish to hire a private mediator, you must file a written stipulation (agreement), signed by all parties, with the Clerk’s Office within 10 days of your Order of Referral to County Court Mediation. Copies of this and all other pleadings relating to mediation must be served upon the Mediation Division.

    How long will County Court Mediation take?

    Almost all County Court matters are resolved within a one-hour mediation session. However, your conference will continue until the matter is settled, adjourned or the mediator declares an “impasse” if it is determined that no agreement can be reached.

    Who must be present at the conference?

    It is required that the conference be attended by plaintiffs, defendants and trial counsel, if any, and defendants or representatives of insurance carriers, if this applies in your case. Absence of any of these parties may only be approved by court order before the date of the conference.

    What if an interpreter is needed during County Court Mediation?

    When an interpreter is needed in County Court Mediation, the judge decides whether the Court or the parties will pay for this service. A free interpreter may be assigned only if the judge determines that the parties are indigent and cannot afford the fee. Otherwise, you must bring a certified interpreter with you. Family members or friends are not allowed to interpret during mediation.

    What if I need to reschedule or cancel my mediation conference?

    No change or cancellation of your scheduled conference date is allowed without prior approval of the County Court Mediation Division or the judge. If rescheduling or cancellation is granted less than 72 hours before the conference (except for weekends and court holidays) parties must pay the mediation fee, unless the Court orders otherwise under exceptional circumstances.

    What happens if I fail to appear at mediation?

    If you fail to appear at the mediation conference, your case will be referred to the judge for further action.

    What if I settle my case before the mediation conference?

    Our mediators’ valuable time is scheduled to accommodate your case and assist you in resolving your disputes without going to trial. Please contact County Court Mediation at (305) 349-7337 as soon as possible to advise that your case has settled and the conference is no longer necessary.

    Is County Court Mediation confidential?

    Yes. Mediation is privileged and confidential, with certain exceptions noted in Chapter 44 of the Florida Statutes. Court reporters are not allowed to attend. If your case does not settle during mediation, the mediator only reports to the judge that mediation was unsuccessful without further comment on your case.

    Persons with Disabilities

    If you need assistance to participate in a court proceeding, program or service, please contact the ADA Coordinator, at:
    (305) 349-7354 (Office)
    (305) 349-7175 (Voice mail)
    (305) 349-7174 (TDD)
    (305) 349-7355 (Fax)
    (800) 955-8770 (Florida Relay Service)



    Family Mediation

    Frequently Asked Questions

    Contact Information
    How will mediation help me in my Family Court case?
    What to Expect
    How do I get referred to Family Mediation?
    May I hire a private mediator instead?
    How much does Family Mediation cost and how do I pay?
    Is it necessary to have an attorney for my Family Mediation conference?
    What if an interpreter is needed during Family Mediation?
    How do I reschedule my Family Mediation conference?
    What if my Family Court case settles before my mediation conference date?
    Persons with Disabilities


    Contact Information

    Mediation/Arbitration Division
    Dade County Courthouse, Room 1801
    73 West Flagler Street
    Miami, Florida 33130
    Phone: (305) 349-7328
    Fax: (305) 349-7342


    How will mediation help me in my Family Court case?

    • Children don't have to take sides and can avoid getting "caught in the middle".

    • Parents may learn how to improve communication and negotiation skills, making it easier to settle future disputes.

    • A mediated agreement takes into account the family's special needs.

    • Divorcing couples are often better able to accept and respect a mediated agreement that they have worked out together.

    • Mediation is quick and can save substantial time and money compared to cases that proceed through the Family Court system until Final Hearing by the judge.

    • Mediation is confidential, unlike most court proceedings which are of public record.

    What to Expect

    Family Court parties ordered by the judge to attend Family Mediation will meet together with the mediator and their attorneys, if represented, to discuss and try to settle issues which may include:

  • Child custody, visitation and support
  • Parental responsibility - who will make the day-to-day decisions about the children's lives
  • How the marital property, assets and debts will be divided between the parties
  • Issues regarding spousal support (alimony)

    Each party will be allowed to explain their side of the case and their views on how they would like the issues resolved. Through the negotiation process, the mediator works with the parties to find common ground and suggest possible solutions to their differences. The mediator may also meet with each party separately and confidentially in what is known as a “caucus”.

    The issues agreed upon are produced in writing, reviewed, signed by the parties and submitted to the judge for approval. If no agreement is reached, the case will be decided by the judge. Discussions during mediation are considered confidential and cannot be used against you in court, with certain exceptions noted in Chapter 44 of the Florida Statutes.


    How do I get referred to Family Mediation?

    If the judge determines that your case can benefit from Family Mediation, you will receive an Order of Referral to Mediation (Family Division).

    If you have not been court-ordered to mediation, but wish to take advantage of the Court’s in-house Family Mediation services, you or your attorney may indicate your desire for mediation in pleadings to the judge or at one of your scheduled court hearings. It is best to mediate as early as possible to help settle your case, save time and money, and avoid the conflict of processing your case through Family Court.

    May I hire a private mediator instead?

    Yes. Parties have 15 days from the date of their Order of Referral to Mediation (Family Division) to agree upon a private mediator and notify the Mediation Division. If the parties are unable to agree upon a private mediator, the judge will designate the Court’s Mediation Division as the mediator in the case. Your Order of Referral provides detailed information on the proper procedures.

    How much does Family Mediation cost and how do I pay?

    The cost of the Court’s Family Mediation services is divided equally between the parties (unless otherwise ordered by the judge or agreed upon by the parties) and is determined by their combined incomes, as follows:

  • Combined incomes of 50,000 or less, unless the parties are determined to be indigent: $40 per person for each one-hour session.
  • Combined incomes greater than $50,000 but less than $100,000 per year: $80 per person for each one-hour session.
  • Parties with combined incomes greater than $100,000 per year are not eligible for services provided by the Court’s Family Mediation Division. Divorcing couples in this income category who wish to mediate their case may hire a private mediator. Click here for a list of private mediators certified by the Supreme Court of Florida in Family Mediation.

    All fees must be paid in person to the Clerk of the Court, First Floor, Lawson E. Thomas Courthouse Center, 175 N.W. 1st Avenue, Miami, Florida 33128. Mediation will be cancelled if you do not bring your receipt of payment with you to your mediation conference.

    Note: The Court’s Family Mediation services are free of charge for indigent parties. To qualify for indigent status, each party must complete an Affidavit of Indigency from the Clerk’s Office which must be approved by a judge.

    Is it necessary to have an attorney for my Family Mediation conference?

    No. If you have not hired an attorney to represent you in your case, you may attend the mediation conference alone. However, please note that mediators cannot provide legal advice. If you are represented by an attorney, your attorney will receive the Order of Referral to Mediation and attend the conference with you.

    What if an interpreter is needed during Family Mediation?

    When an interpreter is needed in Family Mediation, the judge decides whether the Court or the parties will pay for this service. A free interpreter may be assigned only if the judge determines that the parties are indigent and cannot afford the fee. Otherwise, you must bring a certified interpreter with you. Family members or friends are not allowed to interpret during mediation.

    How do I reschedule my Family Mediation conference?

    You may reschedule your mediation conference only in the case of an emergency and the other side must be given notice of the emergency cancellation. Parties are under Court Order to attend mediation and if they fail to appear on the scheduled date without good cause, the case will be referred to the judge for further action.

    What if my Family Court case settles before my mediation conference date?

    You must notify the Mediation Division that your case has been settled and that mediation is no longer necessary.

    Persons with Disabilities

    If you need assistance to participate in a court proceeding, program or service, please contact the ADA Coordinator, at:
    (305) 349-7354 (Office)
    (305) 349-7175 (Voice mail)
    (305) 349-7174 (TDD)
    (305) 349-7355 (Fax)
    (800) 955-8770 (Florida Relay Service)
    Email:ADA@jud11.flcourts.org



    Dependency Mediation

    Frequently Asked Questions

  • Contact Information
  • How does Dependency Mediation help parents and children?
  • Who may be present at the Dependency Mediation conference?
  • What to Expect
  • What services may be included in the mediation agreement?
  • Is Dependency Mediation confidential?
  • How do I get referred to the Court’s in-house Dependency Mediation Unit?
  • May I hire a private mediator instead?
  • How much does Dependency Mediation cost?
  • Is it necessary for parents to have an attorney in Dependency Mediation?
  • What if an interpreter is needed during Dependency Mediation?
  • How about rescheduling or canceling Dependency Mediation conferences?
  • What if my Dependency Court case settles before my mediation conference date?
  • Persons with Disabilities

    Contact Information

    Mediation/Arbitration Division
    Dade County Courthouse, Room 1801
    73 West Flagler Street
    Miami, Florida 33130
    Phone: (305) 349-7328
    Fax: (305) 349-7342

    How does Dependency Mediation help parents and children?

  • Early mediation can help resolve the case more quickly compared to those that proceed through the Dependency Court System until Final Hearing by the judge.
  • Parents can help create a case plan that may enable them to regain custody of their children, rather than leaving it up to the judge to tell them what they must do.
  • Parents and other family members have an opportunity to talk about their concerns confidentially without fear that what they say will be used against them in Court. Note: See Chapter 44, Florida Statutes for exceptions to confidentiality during mediation.
  • A mediated agreement takes into account the family's special needs and builds on their strengths.
  • Parents have a say in what services are needed for the well-being of the family as a whole.
  • Parties involved in a mediated agreement generally work harder for a positive result.
  • Agreements made in mediation may help children find safe, permanent homes in the shortest time possible.

    Who may be present at the Dependency Mediation conference?

    The mediator, specially trained in Dependency Mediation, who acts as a guide to help the parties reach an agreement in the best interest of the children;

  • The parent or parents who are charged with allegations of abuse, neglect or abandonment, and attorney(s), if represented;
  • The Department of Children and Families’ (DCF) caseworker and attorney;
  • The children’s parent(s) not charged with abuse or neglect and attorney(s), if represented;
  • A Guardian ad Litem (GAL) appointed by the Court to advocate for the best interest of the children. The Guardian ad Litem Program attorney may also be present; and,
  • The children’s custodian responsible for their care when they are removed from their parents’ custody, and the custodian’s attorney, if represented. A custodian could be a family member, foster care provider or other person approved by the Court.

    The following persons may also be present, provided that the principal parties in the case – the parents and the Department of Children and Families – agree to their participation in the mediation conference:

  • Relatives of the children, including the children’s grandparents or other family