Florida
Summary
The following summarizes statewide court ADR rules and policies. For ADR in a local jurisdiction, see the local court’s website.
Note: This is a summary of state court ADR in Florida. Authority for federal court ADR is found in the Alternative Dispute Resolution Act of 1998. Information on federal court ADR rules and procedures can be found on each court’s website. Any studies or evaluations involving federal court ADR in Florida can be found in RSI’s Research Library and in Reports below.
State Legislation
- Florida Statutes, Chapter 29: Court System Funding
- Florida Statutes, Chapter 32: Motor Vehicle Licenses
- Florida Statutes Chapter 39: Proceedings Related to Children
- Florida Statutes, Chapter 44: Mediation Alternatives to Judicial Action
- Florida Statutes, Chapter 61: Dissolution of Marriage; Support; Time-Sharing
- Florida Statutes, Chapter 63: Adoption
- Florida Statutes, Chapter 429: Assisted Care Communities
- Florida Statutes, Chapter 440: Workers Compensation
- Florida Statutes, Chapter 682: Arbitration Code
- Florida Statutes, Chapter 718: Condominiums
- Florida Statutes, Chapter 720: Homeowners' Association
- Florida Statutes, Chapter 723: Mobile Home Park Lot Tenancies
- Florida Statutes, Chapter 752: Grandparental Visitation Rights
- Florida Statutes, Chapter 766: Medical Malpractice and Related Matters
- Florida Statutes, Chapter 984: Children and Families in Need of Services
Statewide Court ADR Rules and Policies
- Florida Rules of Civil Procedure
- Florida Small Claims Rules
- Florida Rules of Juvenile Procedure
- Florida Rules of Appellate Procedure, Rules 9.700-9.740
- Florida Family Law Rules of Procedure, Rules 12.740-12.741: Family Mediation; Mediation Rules
- Florida Rules for Certified and Court-Appointed Mediators
- Florida Rules for Court-Appointed Arbitrators
State Office of Court ADR:
Statutes
Civil Justice Reform Act of 1990
U.S. Congress. Dec. 1, 1990; amended Dec. 9, 2001Resource 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
U.S. House of Representatives Office of the Law Revision Counsel. United States Code, Oct. 1, 1998Resource 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
Florida General Assembly. Jan. 1, 2018Resource 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
Florida General Assembly. Jan. 1, 2018Resource 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
Florida General Assembly. Jan. 1, 2018Resource 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
Florida General Assembly. Jan. 1, 2018Resource 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
Florida General Assembly . Jan. 1, 2018Resource 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
Florida General Assembly. Jan. 1, 2018Resource 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
Florida General Assembly. Jan. 1, 2018Resource 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
Florida General Assembly. Jan. 1, 2018Resource 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
Florida General Assembly. Jan. 1, 2018Resource 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
Florida General Assembly. Jan. 1, 2018Resource 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
Florida General Assembly. Jan. 1, 2018Resource 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
Florida General Assembly. Jan. 1, 2018Resource 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
Florida General Assembly. Jan. 1, 2018Resource 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
Florida State Legislature. 2009 Florida Statutes, Adopted 1985; amended July 1, 2008Resource 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...
Rules
Florida Rules of Juvenile Procedure
Florida Supreme Court. Jan. 1, 2019Resource 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
Florida Supreme Court. Jan. 1, 2019Resource 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
Florida Supreme Court. Dec. 1, 2018Resource 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
Florida Rules of Civil Procedure, Mar. 1, 2018Resource 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
Mar. 1, 2018Resource 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
Florida Supreme Court. Dec. 1, 2017Resource 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
Florida Dispute Resolution Center. ADR Resource Handbook: Selected Florida ADR Statutes & Court Rules, Jan. 1, 2017Resource 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...
Reports
ADR in the Federal District Courts: An Initial Report
Stienstra, Donna. Nov. 1, 2011Resource 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
Kulp, Heather Scheiwe. Aug. 1, 2011Resource 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
Kulp, Heather Scheiwe. Jul. 1, 2011Resource 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
Kulp, Heather Scheiwe. Jan. 26, 2011Resource 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
Florida Supreme Court Committee on Alternative Dispute Resolution Rules and Policy. Dec. 28, 2010Resource 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
Cohen, Alon; Jakabovics, Andrew. Jun. 1, 2010Resource 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
Jakabovics, Andrew; Cohen, Alon. Jun. 1, 2009Resource 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
Institute for Health and Human Services Research. Jul. 1, 2000Resource 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
Office of Juvenile Justice and Delinquency Prevention . Dec. 1, 1998Resource 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
Keilitz, Susan L.. Sep. 1, 1992Resource 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
Schultz, Karl D. . Florida Dispute Resolution Center, Jan. 1, 1990Resource 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...
Contacts
20th Judicial Circuit of Florida Homestead Mediation Program
20th Judicial Circuit of Florida. May. 1, 2012Resource 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
Jan. 1, 1986Resource 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...