IN THE TENTH JUDICIAL CIRCUIT COURT

IN AND FOR HARDEE, HIGHLANDS AND POLK COUNTIES, FLORIDA

ADMINISTRATIVE ORDER NO. 5-33.1

WHEREAS, certain domestic disputes that include matters of shared parental responsibility, child residency, paternity, child support and costs, distribution of property, payment of alimony, child visitation and modifications thereof, can be amicably and expeditiously resolved through mediation prior to hearing by the Court; and

WHEREAS, mediation is a process whereby a neutral third person acts to encourage the resolution of disputes through a non-adversarial process and assists the parties in reaching a mutually acceptable agreement; and

WHEREAS, the mediation process an result in cost efficiencies to the parties; and

WHEREAS, mandatory mediation for certain matters increases the availability of judicial resources; and

WHEREAS, it is necessary for the prompt and efficient administration of justice in this Court; it is THEREFORE

ORDERED that:

MEDIATION SERVICES: Mediation Services serves as an adjunct to the Family Division of the Circuit Court for the purpose of mediating issues on matters of shared parental responsibility, child residency, child support, payment of alimony, paternity, child visitation, distribution of property, and any other domestic dispute including motions and please for temporary relief appearing on the court docket. This program is conducted under the direction of the Office of the Court Administrator and the Chief Judge of the Tenth Judicial Circuit.

MEDIATORS: If the parties meet income requirements, they may utilize the services of Mediation Services to comply with court ordered mediation. If, however, the parties do not meet income requirements, the parties have ten days from the date of the Order Directing Mediation or Order of Referral to Family Mediation to select a private mediator and notify Mediation Services of that selection.

AUTHORITY TO REFER TO MEDIATION: Pursuant to Chapter 44, Florida Statutes, and Florida Family Law Rules of Procedure 12.740 and 12.741, the Court on its own motion may refer all or any part of a civil case to mediation for the purpose of mediating family matters including married and unmarried persons before and after judgments involving dissolution of marriage, shared or sole parental responsibility, child residency, child support, payments of alimony, child visitation, or distribution of property, involving emotional or financial considerations not usually present in other circuit civil matters.

REFERRAL OF TEMPORARY, PRE-JUDGMENT AND POST-JUDGMENT FAMILY LAW MATTERS: Unless otherwise waived by the Court:

a. Any party who seeks to schedule a final hearing for either a pre-judgment family law case or a modification of a post dissolution decree or a post-judgment domestic decree between unmarried parents on matters of shared or sole parental responsibility, child residency, child support, payment of alimony, child visitation, distribution of property or a hearing on a temporary matter or on any other domestic dispute shall first participate in a mediation conference through Mediation Services herein established.

b. Each party shall provide to Mediation Services a current financial affidavit and the most current pay stub available or a letter from an employer stating current earnings. If self-employed, the party must bring a copy of the most recent 1040 form filed with the Internal Revenue Service (IRS).

EXCEPTION: HISTORY OF DOMESTIC VIOLENCE: Pursuant to Section 44.102(2)(c), Florida Statutes, upon motion or request of a party, the Court shall not refer any case to mediation if it finds there has been a significant history of domestic violence that would compromise the mediation process.

FEES RESULTING FROM WAIVERS ON MOTION: If a mediation has been scheduled, a party may motion the Court to waive mediation. Any party may apply to the Court by written motion for good cause, to waive the mandatory mediation required by this Order prior to filing a notice for trial. The Court may waive the requirement if it appears (a) that mediation of the issue(s) would not be appropriate under the circumstances of that case or (b) that due to exigent circumstances a hearing before the Court should be expedited. Refunds of any fees paid to Mediation Services will be as provided in "Tenth Circuit Mediation Services: Policies and Procedures". (See Attachment A.)

POLICIES AND PROCEDURES: Matters concerning the mediation process with Mediation Services, the associated fees, cancellations and continuances and attendance at mediation sessions will be as provided in "Tenth Circuit Mediation Services: Policies and Procedures". (See Attachment A.) (PDF)

RECORD KEEPING: Mediation Services shall keep a record of the case name, case number, section number, mediator, and the outcome of the mediation session in all cases referred to Mediation Services.

IF AN AGREEMENT IS REACHED DURING THE MEDIATION SESSION:

c. If an agreement of all the issues is reached during the mediation session, the mediation report form shall note the full settlement and parties may then proceed to final hearing, requesting that the agreement be incorporated into the final judgment. If a partial agreement is reached, the mediation report form shall note the case has remaining issues and said form shall be filed with the Court.

d. For Post-Judgment Matters:

i. An Order Approving Modification Agreement, incorporating the agreement, shall be prepared at the mediation session or by a party’s attorney.

ii. The Order of Approval of a Modification Agreement and the executed agreement shall be forwarded to the judge for consideration.

COMMUNICATIONS DURING THE MEDIATION SESSION: pursuant to the Mediation Confidentiality and Privilege Act, with the exception of the parties’ signed financial affidavits and any other documents which are required to be filed in the public record, all communications, verbal or written, between the parties and from the parties made during the mediation session, shall be confidential and inadmissible as evidence in any subsequent legal proceeding, unless both parties agree otherwise. If an agreement is reached regarding child support, the signed agreement, with the Child Support Guidelines worksheet, shall be filed with the Court.

EFFECTIVE DATE: This Order shall have effect upon entry.

Administrative Order No. 5-33.0, entered March 20, 1998, is hereby VACATED.

DONE AND ORDERED on this 9th day of May, 2005.

RONALD A. HERRING

Chief Judge