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
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