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13 verbatim requirements from 5.037 24-1 - Family and Dependency Mediation.
Sixteenth Judicial Circuit (Monroe). Procedural information only; not legal advice.
Verbatim from the operative section of https://e7tb82hwrcn.exactdn.com/wp-content/uploads/administrative-orders/Section%2005%20Family%20Law/5.037%2024-1%20-%20Family%20and%20Dependency%20Mediation.pdf, harvested 2026-08-02; whitespace normalised only. • Referral to mediation shall be consistent with Chapter 44, Florida Statutes, state court procedural rules, and other policies or reports that may be adopted. • The issuance of a Domestic Violence (DV) Injunction shall not be mediated. Mediation of the ancillary issues of DV Injunction cases after judicial determinations may be mediated, but shall only be conducted by an experienced certified family mediator with an understanding of domestic violence dynamics. • Orders of Referral to Family Mediation shall contain, in a prominent place, the statutory language that "upon motion or request of a party, a court shall not refer any case to mediation if it finds there has been a history of domestic violence that would compromise the mediation process." The motion or request must be submitted in writing to the presiding judge and a copy sent to the Mediation Coordinator within ten (10) days of receipt of the Order of Referral to Mediation. • All Orders of Referral to Mediation shall contain, in a prominent place, a Notice to Persons with Disabilities in accordance with Rule 2.540, Florida Rules of Judicial Administration. Rule 2.540 requires that all notices of court proceedings held in a public facility and all process compelling appearance at such proceedings include the statement: If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact Court Administration, 302 Fleming Street, Key West, FL 33040, telephone number 305-292-3423, within two (2) working days of your receipt of this Order of Referral to Mediation; if you are hearing or voice impaired, call 711. • Referrals to family mediation shall be made as soon as possible after an answer has been filed and/or financial affidavits have been filed and/or exchanged, and prior to the filing of the thirty (30) day notice of trial. a) Prior to family mediation, the case shall be screened for appropriateness for mediation; b) If either party seeks emergency or temporary relief, the court shall determine if the case should be expedited. If so, mediation shall be available within one week of the referral or the case shall be heard by the court; c) The referring judge or magistrate shall review the file as part of the case management process to determine whether the case is ready for mediation. d) Cases that are re-opened via a Supplemental Petition or Motion Modification shall be referred as soon as possible after service is obtained. • All dependency cases, including Termination of Parental Rights, shall be screened by the court and ordered to mediation as appropriate. a) Mediation referrals made at the shelter or arraignment hearing shall be held within seven (7) to ten (10) days. b) In Termination of Parental Rights cases, mediation referrals shall be made at the Advisory Hearing and the mediation conference shall be held within thirty (30) days. c) Available mediation dates shall be provided by the Mediation Program to the court to minimize delay and scheduling difficulties. The mediation date will be scheduled at the time of the hearing. The date will be selected from the list of dates provided by the Mediation Program. The petitioning party must immediately notify the Mediation Program of the date selected. d) Written mediation agreements reached in Dependency cases shall be reviewed by the court, and if approved, incorporated into the final judgment. • When court mediation services are ordered, mediation parties shall pay the statutorily authorized fees to the Clerk of Court in advance of the mediation conference. • The Mediation Coordinator shall exercise due diligence and determine the per party fee assessment prior to the Mediation Notice and/or Order being sent to the parties. • The fees assessed shall be provided to the parties in the order setting mediation. ) • Pursuant to statute, when mediation is scheduled and noticed assessed fees shall be due and owed, whether or not the parties appearfor scheduled mediation. • If the parties agree to reschedule a family mediation, they must file a stipulation with the Clerk of Court and notify the Mediation Program three (3) full business days prior to the scheduled mediation date. Failure to do so will result in a penalty fee equal to the amount of the session fee for each party. • If the parties do not agree to reschedule, the party requesting to reschedule must file the appropriate paperwork with the court. The mediation will not be rescheduled without an order from the court. The case must be rescheduled three (3) full business days prior to the scheduled mediation date, or the requesting party must pay a penalty fee equal to the total amount of the session fee. • Dependency mediations shall not be rescheduled or canceled unless the requesting party files the proper paperwork and the court issues an order. It is the responsibility of the party requesting to cancel or reschedule the mediation to select an alternate date that is mutually agreeable to all parties. The Mediation Coordinator must be notified immediately of the date selected. Administrative Order 5.037 entered into October 15, 2009, is hereby amended in its entirety and rescinded upon date of execution below.
Referral to mediation shall be consistent with Chapter 44, Florida Statutes, state court procedural rules, and other policies or reports that may be adopted.
Reviewer note: PDF sha256: 0082415aee4fb91092be3ea4c687d323c004be0cd67a29065af573283b78fc8e. Read from the ORDERED section as numbered paragraphs. 2 paragraph(s) withheld as too scan-damaged to quote.
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