Florida

Civil Justice Reform Act of 1990

Resource Type: Legislation

Abstract: With this bill, each United States district court is required to develop a civil justice expense and delay reduction plan. As part of this plan, the act authorizes district courts to refer appropriate cases to designated ADR programs. The act also re...

Alternative Dispute Resolution Act of 1998

Resource Type: Legislation

Abstract: This act authorizes each United States District Court to require litigants in all civil cases to consider the use of ADR process. It provides the framework by which each district court should promulgate procedures and rules regarding the ADR process ...

Florida Statutes, Chapter 984: Children and Families in Need of Services

Resource Type: Legislation

Abstract: Section 948.18 of this statute states that at any stage in a child-in-need-of-services proceeding, the case staffing committee may request the court to refer the parties to mediation.  ...

Florida Statutes, Chapter 723: Mobile Home Park Lot Tenancies

Resource Type: Legislation

Abstract: Section 723.038 requires that a court-approved mediator be appointed to resolve disputes arising under this chapter. Should mediation be unsuccessful, Section 723.0381 notes that parties may file a court action and that the court may refer the partie...

Florida Statutes, Chapter 720: Homeowners' Association

Resource Type: Legislation

Abstract: Section 720.311 of this statute permits the use of alternative dispute resolution for homeowners' association disputes. Under this statute, mandatory binding arbitration shall be used for election disputes between a member and an association. Mediati...

Florida Statutes, Chapter 718: Condominiums

Resource Type: Legislation

Abstract: Section 718.1255 discusses the use of voluntary mediation and mandatory arbitration for disputes that concern the authority of a condominium board of directors to: (1) require an owner to take any action or not take an action involving their unit or ...

Florida Statutes, Chapter 440: Workers Compensation

Resource Type: Legislation

Abstract: Under Section 440.25 of this statute, 40 days after a workers compensation petition for benefits has been filed, the judge of compensation claims shall notify the interested parties that a mediation conference has been scheduled.   ...

Florida Statutes, Chapter 63: Adoption

Resource Type: Legislation

Abstract: Section 63.0427(2) of this statute addresses agreements for continued communication or contact between adopted child and siblings, parents, and other relatives. Under this section, the adoptive parent may at any time petition for a review of a commun...

Florida Statutes, Chapter 766: Medical Malpractice and Related Matters

Resource Type: Legislation

Abstract: Section 766.108 of this statute requires that parties in a medical negligence action are required to attend an in-person mandatory mediation if they have not previously agreed to binding arbitration. ...

Florida Statutes, Chapter 682: Arbitration Code

Resource Type: Legislation

Abstract: This statute lays out Florida's arbitration code. Section 682.04 address court appointment of arbitrators. When parties agree to arbitrate they may make a motion to the court to appoint an arbitrator if the parties have not agreed on a method, the ag...

Florida Statutes, Chapter 429: Assisted Care Communities

Resource Type: Legislation

Abstract: Section 429.87 of this statute requires that any party of an assisted care communities civil suit who also seeks to recover attorney's fees must participate in mediation. This mediation must take place within 120 days after the filing of a responsive...

Florida Statutes, Chapter 29: Court System Funding

Resource Type: Legislation

Abstract: Section 29.004 of this statute provides for the funding of court-related mediation and arbitration programs. This statute clarifies that this does not include citizen dispute settlement centers or community mediation programs.  ...

Florida Statutes, Chapter 32: Motor Vehicle Licenses

Resource Type: Legislation

Abstract: Under Section Sec. 320.3210: Civil dispute resolution; mediation; relief, any dealer, manufacturer, distributor or warrantor injured by a violation of this statute before bringing a lawsuit must first serve a written demand for mediation. This sectio...

Florida Statutes, Chapter 61: Dissolution of Marriage; Support; Time-Sharing

Resource Type: Legislation

Abstract: These statutes address the dissolution of marriage. Section 61.183 addresses how the court may refer parties to mediation for contested issues such as parental responsibility, primary residence, access to visitation, or child support. Sections 61.55-...

Florida Statutes Chapter 39: Proceedings Related to Children

Resource Type: Legislation

Abstract: These statues refer to proceedings related to children. Section 39.4075 describes the process to refer dependency cases to mediation. If it is in the best interest of the child, the court may refer parties to mediation at any stage during a depending...

Florida Statutes, Chapter 44: Mediation Alternatives to Judicial Action

Resource Type: Legislation

Abstract: This statute authorizes the use of mediation and arbitration in civil and family cases. It provides for voluntary binding arbitration, court-ordered mediation and non-binding arbitration. It also provides for the establishment of Citizen Dispute Sett...

Florida Rules of Juvenile Procedure

Resource Type: Rules - Court

Abstract: These are the Florida Rules of Juvenile Procedure. Rule 8.185 entitled "Community Arbitration" discusses which cases may be referred to arbitration.  Rule 8.290 entitled "Dependency Mediation" authorizes the referral of dependency cases to mediatio...

Florida Rules of Appellate Procedure, Rules 9.700-9.740

Resource Type: Rules - Court

Abstract: This group of rules applies to all Florida appellate courts, including circuit courts, district courts of appeal, and the Supreme Court of Florida. The court may order a case to mediation at any time, on its own motion or on the motion of a party. Cr...

Florida Family Law Rules of Procedure, Rules 12.740-12.741: Family Mediation; Mediation Rules

Resource Type: Rules - Court

Abstract: These rules authorize the referral to mediation of family law cases. They address referral to mediation, compensation, appearances, completion of mediation, agreements and reporting on the mediation, and discovery. Additionally, it outlines the proce...

Florida Rules of Civil Procedure

Resource Type: Rules - Court

Abstract: These are the Florida Rules of Civil Procedure. Rule 1.700 et seq. are entitled "Rules Common to Mediation and Arbitration" and discuss the time frame for mediation, exclusions from mediation, mediation procedures and court action upon the completion...

Florida Rules for Certified and Court-Appointed Mediators

Resource Type: Rules - Court

Abstract: These rules address mediator qualifications; good moral character; definitions and concepts of mediation; the mediator's role; the mediator's responsibility to the parties, including self-determination, nonparticipating parties, impartiality, conflic...

Florida Small Claims Rules

Resource Type: Rules - Court

Abstract: Rule 7.090 identifies that the initial appearance in a small claims case must be a pretrial conference. This pretrial conference must take place no more than 50 days from the date of filing the small claims action. The pretrial conference may be mana...

Florida Rules for Court-Appointed Arbitrators

Resource Type: Rules - Court

Abstract: These rules outline the qualifications, standards of conduct and disciplinary measures for Florida arbitrators. Arbitration will be conducted by an individual or panel and may be binding or nonbinding. The rule addresses arbitrator impartiality and r...

ADR in the Federal District Courts: An Initial Report

Resource Type: Report

Abstract: This report describes the use of ADR in the federal courts. Twelve years after the Alternative Dispute Resolution Act required federal courts to provide ADR services for all civil cases, every federal district court has authorized at least one form o...

Foreclosure Mediation in Depth: Number of Mediations Conducted Per Month

Resource Type: Report

Abstract: This report provides information on the number of foreclosure mediations being conducted in court-related programs in 12 states. The report is based on publicly available statistics collected by the author. It includes information on the statewide pr...

Foreclosure Mediation in Depth: Articulated Purposes and Objectives for Foreclosure Mediation Programs

Resource Type: Report

Abstract: This report lists the stated purposes behind the creation of foreclosure mediation programs in 26 states. Program goals include ensuring communication, improving efficiency and timeliness, assisting borrowers, and stabilizing communities. Heather S....

Foreclosure Mediation Programs Funding: A Review of 24 Currently Operating Foreclosure Mediation Programs

Resource Type: Report

Abstract: This report describes the structure and funding of foreclosure mediation programs in 24 states. It also reviews how compensation is provided, if at all, for program staff, mediators and attorneys for borrowers. An executive summary of this report is...

Report and Recommendations Relating to the Residential Mortgage Foreclosure Mediation Program

Resource Type: Report

Abstract: Published a year after the Florida Supreme Court ordered all circuit courts in the state to establish foreclosure mediation programs, this interim report by the Court's Committee on ADR Rules and Policy found that the state's longest-running programs...

Now We're Talking: A Look at Current State-Based Foreclosure Mediation Programs and How to Bring Them to Scale

Resource Type: Report

Abstract: This report reviews foreclosure mediation programs established in 21 states. It describes the programs' structures and provides settlement statistics, where available. The authors argue that mandatory mediation programs have proven to be more effecti...

It's Time We Talked: Mandatory Mediation in the Foreclosure Process

Resource Type: Report

Abstract: This report from June 2009 calls for federal government to play an active role in promoting mandatory foreclosure mediation programs across the country. The authors review the foreclosure mediation programs currently in place in Connecticut, Pennsylv...

Evaluation of Restorative Justice in Leon County Neighborhood Justice Center

Resource Type: Evaluation

Abstract: This article takes a close look at the Restorative Justice Program run by the Leon County Neighborhood Justice Center in Leon County, Florida. The piece describes the restorative justice process and provides a list of similar programs around the coun...

Guide for Implementing the Balanced and Restorative Justice Model

Resource Type: Report

Abstract: The Balanced and Restorative Justice (BARJ) Project was established in 1993 and emphasizes an alternative philosophy called restorative justice (RJ). This model concentrates on making amends and involving the offender, victim and community in resolvi...

Multi-State Assessment of Divorce Mediation and Traditional Court Processing

Resource Type: Evaluation

Resource Type: Mediation Efficacy Study

Abstract: This study assesses a mediation program in one county in each of four states - Florida, Nevada, New Mexico and North Carolina - and compares them to non-program counties. Through an examination of court records and survey data, the author found that ...

Florida's Alternative Dispute Resolution Demonstration Project: An Empirical Assessment

Resource Type: Evaluation

Resource Type: Mediation Efficacy Study

Abstract: This study uses comparison groups to examine the impact mediation has on case time and cost. Three comparison groups were used, including cases randomly assigned to mediation, cases where parties requested mediation and litigated cases. The study fou...

20th Judicial Circuit of Florida Homestead Mediation Program

Resource Type: Program

Abstract: The Homestead Mediation Program allows borrowers facing foreclosure to opt in to early mediation services. Mediation is available for all residential homestead mortgage foreclosures filed on or after May 1, 2012. According to its website, "the goal o...

Florida Dispute Resolution Center

Resource Type: Organization

Abstract: The Florida Dispute Resolution Center "provides staff assistance to four Supreme Court of Florida mediation boards and committees; certifies mediators and mediation training programs; sponsors an annual conference for mediators and arbitrators; publi...