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Eighth Judicial Circuit Administrative Order 5.04 (Family Mediation Program): 163 operative paragraphs verbatim from the order as the circuit publishes it.
Eighth Judicial Circuit — all counties of the circuit. Administrative orders are amended and rescinded by later orders; the circuit's own index controls (the index lists it as a current instrument on 2026-09-14). Procedural information only; not legal advice.
• The Eighth Judicial Circuit shall have a Family Mediation Program which will include mediation in disputed family matters, juvenile dependency, domestic violence (limited mediation in appropriate cases), Department of Revenue cases, and cases involving Children and Families in Need of Services (CINSFINS). • 2. All court family mediation programs shall be administered and coordinated by the Alternative Dispute Resolution/Mediation Program (ADR) Director, with the assistance of Mediation Services Coordinators and administrative support staff, at the direction of the Chief Judge of the circuit. • REFERRAL TO FAMILY MEDIATION 1. • For purposes of this order, the term “family matters and issues” shall be defined as disputed issues in marriage dissolution and post‐dissolution and in domestic proceedings between unmarried parents, including areas of dispute involving emotional and financial considerations not usually present in other circuit civil cases, including property division, equitable distribution, spousal support, child support and parenting plans/time sharing. • 2. In any filed case that involves family matters and issues as defined above, the parties are hereby ordered to attend family mediation unless otherwise excepted by statute, rule or court order. • The parties are encouraged to schedule family mediation at an early stage of the proceedings pursuant to this administrative order. • However, unless otherwise excepted by statute, rule or order of the court, no later than the first management conference, the court shall order compliance with this administrative order mandating mediation for all family matters or disputed portions thereof. • No final hearing shall be scheduled in contested cases until the court has received a report from the mediator that includes the outcome of the mediation and the attendance of the parties. • Upon written motion with good cause shown, a party may apply to the court to extend the time for, waive, or toll the required mediation. • 3. The 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. • 4. All mediators shall conduct themselves in a professional manner as required by Florida Statutes and standards of professional conduct established by the Florida Rules for Certified and Court‐Appointed Mediators. • III. COURT FAMILY MEDIATION PROGRAM SERVICES AND PROCEDURES 1. • The court Family Mediation Program shall be governed by the applicable Florida Statutes (Fl.Stat.) and the Florida Rules of Civil Procedure. • The ADR Director in conjunction with the Chief Judge shall develop other enabling policies, procedures, standard forms, schedules, and related information in keeping with this administrative order. • Staff mediators, as well as contract mediators, shall provide program mediation services to eligible parties. • 3. All party litigants shall have ten (10) days from the date of the court’s order directing compliance within which to schedule their first mediation session with the court Family Mediation Program or a private mediator In the event a mediator is not mutually agreed upon and selected within ten (10) days, the petitioning party or the party’s attorney shall contact the ADR Program for appointment of a mediator from the rotation list of certified Family Mediators registered for appointment by this circuit The mediation process shall not be used by any party to create delays in disposing of the case. • 4. Unless otherwise excused by the court, the first mediation session shall take place within sixty (60) days of the order directing compliance and any further mediation sessions shall be concluded within forty five (45) days of the first mediation session. • 5. While it may be desirable that attorneys for the parties attend the mediation sessions, attorney attendance is not required. • Represented parties who attend mediation without their attorneys are strongly encouraged to review the contents of any proposed agreement emanating from mediation with their respective counsel of record as soon as possible and well within the ten (10) day period allowed for written objections to such agreement. • 6. Except as otherwise provided by Fl.Stat. §44.401‐406 (2009) verbal or written communications made during a mediation session or proceeding other than an executed settlement agreement shall be confidential and inadmissible in subsequent legal proceedings. • Confidentiality shall be strictly maintained in accordance with law. • Family mediators shall not be authorized to conduct, prepare, communicate, nor submit evaluations and recommendations to the court, or otherwise professionally compromise their role as mediator with other inapplicable roles such as investigator, evaluator, therapist, or legal advisor. • 7. Once a mediation session is scheduled and noticed by the program, it may only be cancelled by mutual agreement of the parties or order of the court. • 8. If either party fails to appear at a scheduled mediation session without good cause, the program mediator shall provide the judge and both parties with a notice of such failure to appear. • Willful refusal to schedule a required mediation session or failure to appear at a scheduled mediation session without good cause shall place the offending party in jeopardy of sanctions by the court, including contempt of court, assessment of mediator and attorney fees and other costs, the striking of pleadings or portions thereof and/or other appropriate sanctions, and the court may issue an order to show cause as to why the court should not assess fees and costs against the responsible party or parties. • IV. FEE, FUNDING AND ELIGIBILITY FOR THE FAMILY MEDIATION PROGRAM 1. • Funding for the court Family Mediation Program shall be from the Mediation and Arbitration Trust Fund appropriated by the legislature and by any other available sources such as grants and county revenues. • 2. User fees shall be established pursuant to Fl.Stat. §44.108 (2009) and shall be collected by the Clerk of Court. • The Clerk of Court shall provide an accounting of all collections to the ADR Director and court finance office on a monthly basis. • 3. When the combined gross income of the parties is less that $100,000.00, the case shall be eligible for use the court Family Mediation Program services. • The parties are presumed to have the ability to hire a private mediator when the combined gross income of the parties exceeds $100,000.00 or greater, unless the court finds that there are extraordinary circumstances which make the parties unable to afford a private mediator. • In the event that a party fails to appear at a scheduled mediation session without good cause, that party shall be responsible for the payment of both parties’ mediation fees for the next scheduled mediation session. • If a contract mediator is utilized, the contract mediator shall be compensated as authorized by the mediator’s executed Professional Services Agreement with the court. • Prior to the appointment of a contract mediator, the ADR Director shall determine that sufficient funds are available for that purpose. • In those cases involving parties who are not eligible for court Family Mediation Program services or those who choose not to use the court Family Mediation Program services, private mediators shall be utilized. • Compensation of private mediators shall be paid by the parties as they agree in advance and in writing, or as otherwise ordered by the court. • In the absence of an agreement providing for the mediator’s compensation, the mediator shall be compensated at the hourly rate of the mediator’s compensation within fifteen (15) days of the referral. • On behalf of the Chief Judge, the ADR Director shall maintain a listing of private Supreme Court certified family mediators who have registered for appointment in this circuit and who are willing to serve the Eighth Judicial Circuit for private mediation referral purposes. • VI. STATISTICAL REPORTING FOR PROGRAM AND PRIVATE MEDIATORS 1. • For statistical purposes and in order to assist in tracking the use of family mediation in the circuit, copies of mediation outcome reports shall be filed by the program mediator or contract mediator in the court file kept by the Clerk of Court and a copy shall be furnished to the circuit ADR Director. • 2. For purposes of monitoring, developing, and improving the court Family Mediation Program, all parties ordered to mediation may be requested to provide statistical but non‐ identifying information or data on standardized forms regarding themselves, the mediators, and other administrative or procedural aspects of the mediation process. • To that extent, such statistical data and information is not deemed a violation of any confidentiality standards as otherwise required by Fl.Stat. §44.401‐ 406 (2009), regarding communications made during a mediation session. • JUVENILE DEPENDENCY MEDIATION 1. • A Juvenile Dependency Mediation Program shall be established in the circuit. • 2. Only those cases referred by the court shall be processed through the Juvenile Dependency Mediation Program. • 3. Except as otherwise provided by Fl.Stat. §44.401‐406 (2009), verbal or written communication made during a mediation session other than an executed settlement agreement shall be confidential and inadmissible in subsequent legal proceedings. • Confidentiality shall be strictly maintained in accordance with the law. • 4. Willful refusal to schedule or failure to appear at a scheduled mediation, without good cause, shall place the offending party in jeopardy of sanctions by the court, including contempt of court, assessment of mediator and attorney fees and other costs, the striking of pleadings or portions thereof and/or other appropriate sanctions. • VIII. DOMESTIC VIOLENCE LIMITED FAMILY MEDIATION 1. • Disputed family matters are often at issue in cases where the court has decided that a permanent injunction against domestic violence should be entered. • The issues remaining after the court has decided to enter the injunction may include child custody, care or visitation, as well as financial matters, and access to personal property. • These matters may be mediated by the court Family Mediation Program in accordance with the policies and procedures established in the circuit’s Domestic Violence Limited Family Mediation Protocol. • The procedures for this program, including screening criteria, were established with significant input from the local domestic violence center (Peaceful Paths) in collaboration with the court Family Mediation Program, the Administrative Judge of the Family Law Division, and the Clerk of Court. • The issues to be mediated shall not include the domestic violence itself or the entry of an injunction against domestic violence. • 3. Only those cases referred by the court shall be processed through the Domestic Violence Limited Family Mediation Program. • 4. No cases shall be referred if the court finds there has been a significant history of domestic violence which would compromise the mediation process or endanger any participant in the process. • 5. Any party referred to mediation by the court shall have the unconditional right to decline to participate or withdraw from mediation an any time and the case shall be returned to the court by the mediator without comment other than “no agreement reached.” • DEPARTMENT OF REVENUE MEDIATION Department of Revenue initiated cases may be mediated by the court Family Mediation Program in accordance with the policies and procedures established by the court Family Mediation Program, the Child Support Enforcement Hearing Program, and the Administrative Judge of the Family Law Division. • Where such procedures conflict with the court Family Mediation Program procedures above, procedures established pursuant to this paragraph shall govern. • X. CHILDREN AND FAMILIES IN NEED OF SERVICES MEDIATION 1. • Children and Families in Need of Services (CINSFINS) cases may be mediated by the court Family Mediation Program. • A case may be referred to mediation at any stage of the proceeding. • The court may order mediation upon referral by the case staffing committee, by any of the parties or on its own. • This order revises and supersedes Administrative Order No. 5.1070(D), entered 31 January 2005 nun pro tunc to 1 October, 2004. • This order renumbers and reformats prior Administrative Order No. 5.1070(E) entitled “Family Mediation Program.”
The Eighth Judicial Circuit shall have a Family Mediation Program which will include mediation in disputed family matters, juvenile dependency, domestic violence (limited mediation in appropriate cases), Department of Revenue cases, and cases involving Children and Families in Need of Services (CINSFINS).
Reviewer note: Composed 2026-09-14 from BenchPath's custody copy (file e7c8dc369377.pdf; 243,944 bytes, 8 page(s), native text layer): the index lists it as a current instrument on 2026-09-14 (https://circuit8.org/eighth-judicial-circuit-court/administrative-orders/); the operative paragraphs after the ORDERED marker are quoted whole, whitespace normalised only; signature block, page markers and stamps dropped. Effective date from the order's own date line where present, else the index date. [Rebuilt 2026-09-27: the published text had been cut at line and page breaks (163 fragments, many beginning or ending mid-sentence); it now publishes the 65 whole sentences those fragments belong to, verbatim from the rule's own source (custody (sha256-matched, 1 document)), with printed page markers and running headers removed.]
9 verbatim requirements from 4th Circuit Administrative Order 1997-10.
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