Motion for Order of Referral to the Family Mediation Program

Alternative Dispute Resolution

• Defendant's Motion to Participate in Residential Foreclosure Mediation
• Notice of Hearing Class
• Detect of Mediation Omnipresence and Certification of Authority

Pursuant to Florida Statute 44.1011, judges have the authority to club most types of contested civil cases to arbitration prior to trial. Arbitration is statutorily defined as "... A process whereby a neutral third person called a mediator acts to encourage and facilitate the resolution of a dispute between two or more than parties".

The mediation conference is informal, confidential and nonadversarial. The conference takes place in a private conference room either at the courthouse or perchance at one of the attorneys' offices. Mediation conferences are conducted prior to the trial date/ final hearing, in an endeavour to give the parties an opportunity to negotiate and resolve their example without the added expense and stress of trial.

The purpose of arbitration is to open up lines of communication and to explore all possibilities of settlement in order to resolve the dispute. The part of the mediator includes, but is not limited to, assisting the parties in identifying the issues, fostering joint problem solving, and exploring settlement alternatives. If the parties reach a settlement in mediation, the mediator draws up a written agreement for the parties and their attorneys to sign. The original agreement is and so filed in the Courtroom file and the parties are given a copy. The Court is and so notified past the Mediation Program that the case has settled.

Mediator training is offered by the Florida Supreme Courtroom and also past various local universities and individual mediation trainers. In order to become certified an private must accept a grade that is approved and certified past the Florida Supreme Court and then participate in a mentorship program. Each area of expertise has dissimilar requirements and a different certification form that must be completed. For instance, a certified family mediator cannot mediate excursion civil cases (unless they are likewise certified in circuit ceremonious mediation) and visa versa. Refer to Florida State Courts Alternative Dispute Resolution brochure for additional information.

Administrative Order 2011-006 will govern the family unit and civil mediation program. Refer to the Mediation Process Instructions for Family Law Cases for additional data.

Through funding for the Country Courtroom System, the Sixth Judicial Circuit implemented 44.108 Florida Statutes, with a mediation model that provides paid family and county ceremonious mediation services to sure parties. For each case referred to family or canton civil mediation, parties eligible for courtroom-provided mediation shall select either a privately retained mediator or courtroom-provided mediation services. To determine eligibility for court-provided family mediation services, and the appropriate fee that each party must pay, each political party must submit a current Florida Family law Fiscal Affirmation or an Income Statement to the Plan within 10 days of the guild of referral.

• Family Police Financial Affidavit Short Form
• Affidavit for Establishing Mediation Fees
• Parenting Plans (Form 12.995(a) - lesser of the page)

When the parties are accounted eligible for court-provided family arbitration, the Clerk of Circuit court will collect the following mediation fees:

• Ane hundred and xx dollars ($120.00) per party per session when the parties' combined gross income is greater than $50,000.00, simply less than $100,000.00 per year;
• Lx dollars ($60.00) per party per session when the parties' combined gross income is less than $50,000.00 per year.

Whatsoever party may pay whatsoever other political party's arbitration fee. A mediation fee collected from any party is non-refundable. The fees are remitted to the Department of Revenue for deposit in the state courts' Arbitration and Mediation Trust fund. The clerk may deduct $i.00 per fee for a processing fee. Fees can be paid at the post-obit locations:

Pasco County
West Pasco County Clerk of Circuit Court 7530 Piddling Road, Room 105 New Port Richey, FL 34654 (727) 847-8176 or Postal service to: P.O. Drawer 338 New Port Richey, FL 34656	E Pasco Canton Clerk of Circuit Court 38053 Live Oak Avenue, Room 205 Dade Urban center, FL 33756 (352) 521-4482 or Mail to: P.O. Drawer 338 New Port Richey, FL 34656
Pinellas County
Clearwater Clerk of Circuit Court 315 Court Street, First Floor Clearwater, FL 33756	St. Petersburg Clerk of Circuit Courtroom 545 First Avenue Northward, Commencement Flooring St. petersburg, FL 33701

Parties that are not eligible for courtroom-provided mediation and eligible parties that opt for private mediation may select their ain mediator. In such cases, the parties shall compensate the mediator at the rate agreed to past the mediator and the parties. Whether the mediator is selected by the parties or by the Plan, in the absence of a written agreement providing for he mediator'southward compensation, the mediator shall be paid at the charge per unit of non more $150.00 per hour. Y'all may refer to The Mediation Process – Instructions for Family Police Cases for further details concerning the requirements for court-provided family unit mediation services, private mediation, and procedures applicable to both.

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Automated Referrals to Family Arbitration - Pinellas County only

Pursuant to Authoritative Order 2011-006, all postal service judgment matters and all initial hearings on temporary relief matters in original petitions, shall exist automatically referred to arbitration prior to a hearing on the matter, except for cases excluded by Paragraph ii.

Cases excluded from automatic referral to mediation are those where the Department of Acquirement is a party, and any case seeking contempt for failure to pay court-ordered or stipulated child support, or court-ordered or stipulated pension. Upon motion or asking of a party, a court shall not refer whatever cases to mediation if information technology finds there has been a history of domestic violence that would compromise the mediation procedure, or for other good cause shown.

You may refer to the Instructions for Automatic Referrals in Family Constabulary Cases for further information concerning requirements for court provided arbitration, private mediation, and procedures applicable to both.

An Affidavit Re Objection to Referral to Family unit Mediation is available from the Arbitration Plan for objecting to the automatic referral.

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Court Contracted Family Mediators – Pinellas County

Court-provided arbitration services are provided past court contracted family unit mediators certified by the Florida Supreme Court. Recruitment of the family mediators in Pinellas County was finalized May 2011. At that place is currently no open list . It will be reopened for choice every bit needed. The mediators are paid by the State of Florida for their services.

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County Civil Mediation Model – Pinellas Canton

In canton civil cases, the presiding judge volition make up one's mind whether parties have the ability to pay for a mediator's service or if the parties are eligible for courtroom-provided mediation. If the parties are deemed eligible for court-provided mediation, the arbitration fee shall be Sixty dollars ($60.00) per party per session.

You may refer to The Mediation Procedure - Instructions for County and Modest Claims (excluding pretrials) for further details concerning policies and procedures. No arbitration fees volition be assessed for whatever small claims actions. Any party may pay whatever other party'due south mediation fee. A mediation fee collected from whatsoever party is non-refundable.

If parties are eligible for court-provided mediationprogram staff shall select a county mediator by rotation from the list of court contracted mediators, certified past the Florida Supreme Courtroom. The pick process to add court contracted mediator s to the listing is opened periodically equally needed. Courtroom contracted mediators are paid by the State of Florida.

Pinellas County Small Claims Forms

• Authorization of Principal
• Change of Address
• Discover of Voluntary Dismissal
• Stipulation to Stay Entry of Judgment
• Sworn Statement of Courtroom Costs and Interest

In Pinellas County, the mediation program has staff in 2 locations:

St. Petersburg Mediation Office 501 Beginning Avenue North, Room 722 St.Petersburg, FL 33701 (727) 582-7696 FAX (727) 582-7473

Clearwater Mediation Role 315 Court Street, Room 401 Clearwater, FL 33756 (727) 464-4943 FAX (727) 464-3100

The Culling Dispute Resolution Programs bachelor in the 6th Judicial Circuit may handle the post-obit types of cases:

• Family Mediation - Cases may involve
  • Dissolution of matrimony problems
    
  • Temporary relief matters
    
  • Post judgment matters
    
  • Parental Responsibility and main residence of children
    
  • Child support
    
  • Spousal support
    
  • Equitable distribution of marital property
    
  • Family Police Financial Affidavit Short Form (incomes < $50,000.00 per twelvemonth)
    
  • Family Law Fiscal Affidavit Long Form (incomes > $fifty,000.00 per yr
• Juvenile Dependency Mediation - involving dependency issues arising out of a court case involving the corruption, abandonment and/or neglect of a pocket-size kid by one or both of his/her parents.
  
• Circuit Civil Mediation - cases involving a merits of $xv,000 or more such as auto negligence, breach of contract, malpractice, foreclosures, etc.
  
• County Civil Mediation - cases involving a claim of $5,000 to 15,000. This also includes negligence, monies due, real estate, breach of contract, etc.
  
• Minor Claims Mediation - cases involving a merits from $i to $5,000. Most of these actions involves monies due, landlord tenant disputes, breach of contract, consumer claims, etc.
  

Pinellas Canton Culling Dispute Resolution Programme has two locations:

• Petrograd
  501 First Avenue Northward, Room 722, Saint petersburg, FL 33701
  For Family unit Arbitration (Leningrad cases), phone call (727) 582-7206
  For Circuit Civil Mediation and all County Mediation (Leningrad cases), call (727) 582-7696

• Clearwater
  315 Court Street, Room 401, Clearwater, FL 33756
• For Family Arbitration (Clearwater cases), phone call (727) 464-4947.
  For Circuit Civil Mediation and Arbitration (Clearwater cases), phone call (727) 464-4943.

The Pasco Canton Mediation & Arbitration Program

Court Contracted Family Mediators – Pasco County

Court-provided arbitration services are provided by courtroom contracted family mediators for Eastward Pasco County and West Pasco County and are certified past the Florida Supreme Court. Recruitment of the family unit mediators in Pasco County was finalized May 2011. There is currently no open up list. It will be reopened for selection as needed. The mediators are paid by the State of Florida for their services.

The Arbitration Plan assists the court in an administrative chapters. Staff procedure mediation cases for the Circuit Civil, Family and County Judges. Staff gear up orders of referral and coordinate mediation dates, times and locations with mediators. Mediation program staff also provide mentorship assistance to newly trained mediators and prepare statistical reports as requested.

Family Financial Affidavits can be obtained here:

• Family Law Financial Affidavit Brusk Form
• Family Law Financial Affidavit Long Course
• Affidavit for Establishing Arbitration Fees
• Parenting Plans (Grade 12.995(a) - bottom of the page)

The ii Pasco Canton Mediation locations are:

West Pasco Mediation Cases
West Pasco Judicial Middle

7530 Niggling Road, Suite 201

New Port Richey, FL 34654

727.847.8174 (Family unit Mediation)

727.847.8903 (Excursion Civil/County Arbitration)

Fax 727.847.8931

East Pasco Mediation Cases
Robert D. Sumner Judicial Center

38053 Live Oak Ave., Suite 124

Dade Urban center, FL 33523

352.523.2411 Ext 4378 (Family Mediation)

727.847.2411 Ext 7410 (Circuit Civil/Canton Mediation)

Pasco County Small-scale Claims Forms

• Mediation Agreement
• Stipulation of the Parties
• Pocket-size Claims Results
• Dismissal Notice

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Source: https://www.jud6.org/contactinformation/alternativedisputeresolution.html

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