Mediation
Do You Really Have to Go to Court?
The goal of mediation is to give people the opportunity
to settle their disputes in an informal, confidential
setting, rather than “fighting
it out” in court, which can be both costly and time-consuming.
During mediation, you and the other
parties in your case will meet with a mediator
who is specially trained
in the skills of resolving conflicts such as yours.
The mediator guides the parties towards settlement
by opening the lines of communication -- listening
carefully to the concerns and ideas of each side
and encouraging them to listen to one another with an open
mind. This allows disputing parties to clarify their
differences, understand each other’s views,
look at possible solutions and ultimately, reach
an agreement
that all parties are satisfied with. Successful mediation
not only saves time and money, but allows the parties
to maintain control over the important decisions
in their case, rather than proceeding through the
judicial
system and leaving it up to the Court to decide.
Miami-Dade County Courts provide in-house mediation
services in Family, Juvenile Dependency, and County
Court cases (including Landlord Tenant, Small Claims
and Other Count Civil matters). Please refer to these
links for specific information about mediation in your
particular type of case. Additionally, Mediation Frequently
Asked Questions provide information on the mediation
process and how it works in the Eleventh Judicial Circuit
of Florida.
FREQUENTLY
ASKED QUESTIONS
Mediation
Contact Information
Mediation/Arbitration Division
Dade County Courthouse, Room 1801
73 West Flagler Street
Miami, Florida 33130
Phone: (305) 349-7328
Fax: (305) 349-7342
How can mediation help
my case?
Mediation:
- Allows the parties to decide important issues for themselves, rather
than having the Court make the decision for them
- Results in agreements in which parties are more satisfied
- Results in a fewer number of parties returning to court to change
the conditions of
their Final Judgment
- Is highly cost effective and takes less time than going to court
- Is held in a confidential, non-adversarial setting
- Allows more time for parties to try and resolve their disputes
- Avoids the anxiety and other negative aspects of arguing a case
in court
- Fosters future positive relationships between the parties
What to Expect
You and the other parties in your case
will sit down together with the mediator in an informal,
conference
room setting. The mediator will begin by explaining
the mediation process and answering any questions you
may have. Each side is given an opportunity to express
their concerns and talk about the case from their point
of view. During the negotiation process, the mediator
helps the parties clarify what the issues are and consider
possible ways to resolve their differences so that
an agreement can be reached. There may be a time that
the mediator speaks to each party privately. These
are called “caucuses”and are confidential
discussions between the mediator and the individual
party.
At the end of the mediation conference:
The parties may reach an agreement on all of the
issues in their case. This is produced in a written
document and submitted to the judge for approval. Once
the judge approves your agreement, it becomes a binding
Order of the Court and your case is officially settled.
The parties may come to an agreement
on some, but not all, of the issues. This partial
agreement is also
produced in writing for the judge’s approval
and the remaining disputes in your case will be decided
by the Court.
The parties may not agree on any
of the issues, which is called an “impasse”.
Your case will proceed through the normal judicial
process and
be decided by the Court.
What
types of cases does the Court’s in-house
Mediation Division handle?
County Court Mediation
• Landlord/Tenant cases relating to nonpayment of rent, evictions and other
disputes between landlords and their tenants;
Small Claims cases for damages
of $5,000 or less (excluding Landlord/Tenant
cases), such as auto and other
negligence, contract and indebtedness,
and other claims not exceeding
$5,000; and,
Other County Civil cases involving
claims of $5,001 to $15,000. These
cases also involve negligence,
contract and indebtedness, and
other county civil claims, but
the amount of money at issue is
greater than Small Claims cases.
Family Mediation
Divorce cases (dissolutions
of marriage) involving matters
such as child support, custody,
visitation and parenting plans,
as well as spousal support, division
of property, assets and debts;
and,
Post-Judgment Modification matters
in which one or both divorced parties
return to court to change (modify)
the conditions of their Final Judgment.
These cases may involve changes
in child-related issues as well
as modification of financial matters
decided upon in the divorce.
Juvenile Dependency Mediation
Dependency cases in which parents
are charged with the abuse, neglect
or abandonment of a minor child.
How does my case get referred to mediation?
If the judge determines that your
case can benefit from mediation,
you will receive an Order of Referral
to Mediation. Read this Order and
any
accompanying information carefully for details on the procedures you
must follow according to your specific type of case. You have the choice
of utilizing the Court’s in-house mediators or hiring a private
mediator of your choice within the time limit specified in the Order.
If you have not been court-ordered to our in-house Mediation Division
but wish to take advantage of these services, you or your attorney may
indicate your desire for referral to mediation in pleadings to the judge,
or at one of your scheduled court hearings. It is best to schedule your
mediation conference as early as possible to help settle your case and
avoid the cost and time of taking you case to Court.
How long does in-house mediation take?
That depends on the type of case, and the number and complexity
of the issues under dispute. Most County Court cases are resolved
within an hour. Family Mediation is scheduled in one and a half hour
sessions. Three hours are set aside for Juvenile Dependency Mediation,
in which multiple parties focus on resolving complex issues surrounding
the safety and welfare of abused and neglected children. Additional
sessions may be scheduled if your case requires more time and the
parties agree to pay the extra cost.
Is mediation confidential?
Yes. Mediation is privileged and confidential, with certain exceptions
which are noted in Chapter
44 of the Florida Statutes. One reason
why mediation is so successful is that people are able to talk freely
about their concerns, understanding that what they say cannot be
used against them in court. Your discussions during mediation cannot
be divulged to outside parties, including the judge. If you are unable
to reach an agreement, the mediator simply reports this to the judge
without commenting any further on your case. Judges are not informed
of the reasons for an unsuccessful mediation and do not hold this
against the parties.
Note: Written agreements produced during mediation
are submitted to the judge for approval and become part of the
case file. Like
most other court documents, these agreements are “of public
record” unless otherwise ordered by the judge.
What if I fail to appear?
If you fail to appear for court-ordered mediation as scheduled,
your case will be referred back to the judge for further action.
Is it necessary to have an attorney
for mediation?
If you have not hired an attorney to represent you in your case,
you may of course attend the mediation alone. Please note, however,
that the mediator cannot provide legal advice. If you are represented
by an attorney, your attorney will receive the Order of Referral
to Mediation and should also attend the conference with you.
How much does mediation cost and where
do I pay?
County Court Mediation:
Landlord/Tenant cases: free
of charge
Small Claims cases: free of
charge
Other County Civil cases:
$80 per one-hour session, to
be paid 50% by the Plaintiff(s)
and 50% by the Defendant(s),
unless otherwise ordered by the
Court or agreed to by the parties
Juvenile Dependency Mediation:
free of charge
Family Mediation: Fees are
based on the combined incomes
of the divorcing couples.
Please click here for specific
costs and payment information.
You must pay all mediation
fees to the Clerk of Court
prior to your scheduled conference
date or your session will
be cancelled and the judge
will be notified for further
action. Please refer to your
Order of Referral to Mediation
for detailed payment information.
What
if I can’t afford to
pay the mediation fees?
First of
all, the Court’s
Landlord/Tenant, Small Claims
and Dependency Mediation
services are free of charge.
Only Family Mediation and
Other County Civil Mediation
(cases beginning with the
letters “CC”)
require fees, at a low cost.
If you cannot afford to pay
these mediation fees and
qualify for indigent status,
the Court may waive payment
for your court-ordered mediation
conference. To qualify for
non-payment of mediation
fees, each party must obtain
an Affidavit of Indigency
from the Clerk’s Office
and have it approved by the
judge. The Mediation Division
will then be notified that
no payment is required.
What
are the mediator’s
qualifications?
In order to receive court-ordered
referrals, a mediator must
meet the standards and training
necessary for certification
by the Supreme Court of Florida.
These qualifications are
established in Rule 10.100,
Florida
Rules for Certified and Court-Appointed
Mediators.
Persons
with Disabilities
If you need assistance to
participate in a court proceeding,
program or service, please
contact the ADA Coordinator,
at:
(305) 349-7354 (Office)
(305) 349-7175 (Voice mail)
(305) 349-7174 (TDD)
(305) 349-7355 (Fax)
(800) 955-8770 (Florida Relay Service)
County Court Mediation
Frequently
Asked Questions
Contact
Information
What
to Expect
Where
do I go for my
County Court Mediation
conference?
How
much does County
Court Mediation
cost and how do
I pay?
May
I hire a private
mediator?
How
long will County
Court Mediation
take?
Who
must be present
at the conference?
What
if an interpreter
is needed during
County Court Mediation?
What
if I need to reschedule
or cancel my mediation
conference?
What
happens if I fail
to appear at mediation?
What
if I settle my
case before the
mediation conference?
Is
County Court Mediation
confidential?
Persons
with Disabilities
Contact
Information
County
Court Mediation
Dade County Courthouse, Room 1701
73 West Flagler Street
Miami, Florida 33130
Phone: (305) 349-7337
Fax: (305) 349-7339
What
to Expect
All
County Court
cases need an
order from the
judge to be referred
to our in-house
County Court
Mediation Division.
The referral
process depends
on the type of
case filed, as
follows:
Landlord/Tenant
cases - claims
of nonpayment
of rent, evictions
and other disputes between
landlords
and their tenants: If
you receive
an “Order
of Referral to
County Court
Mediation and
Order for Trial
(Landlord/Tenant)”,
you must comply
with all the
conditions of
this order. This
includes attending
a mediation conference
that will be
scheduled on
the same day
as your trial
date. You will
first attend
your court-ordered
mediation conference.
If your case
does not settle
during mediation,
you must then
go directly to
the judge’s
office (chambers)
and your case
will be heard
in court.
Small
Claims cases
- claims of $5,000 or less,
excluding
Landlord/Tenant actions: Small Claims cases are set for Pre-Trial Hearing and mediation
on the same day. You will first attend your Pre-Trial Hearing. If your
case does not settle during Pre-Trial, an onsite mediator may then
conduct a short mediation session with all parties to assist in resolving
the case. If an agreement cannot be reached, you will be sent to the
judge’s office to get a trial date.
Other
County Civil cases - claims
of $5001 - $15,000:
County Civil
cases differ
from Small Claims
cases in that
they do not have
a Pre-trial Hearing.
Referral to mediation
is ordered:
During
a
court
hearing,
if
the
judge
feels
that
mediation
is
needed
to
help
resolve
the
disputes
in
your
case;
or,
If
one
or
both
parties,
or
their
attorneys,
request
an
Order
of
Referral
to
County
Court
Mediation
and
the
judge
agrees
that
this
is
appropriate.
If
you
cannot
resolve
your
disputes
through
mediation,
your
case
will
be
set
on
the
judge’s
calendar
for
trial.
Where
do
I
go
for
my
County
Court
Mediation
conference?
Most
County
Court
Mediation
sessions
are
conducted
in
Room
1701
of
the
Dade
County
Courthouse,
73
West
Flagler
Street,
Miami,
Florida
33130,
unless
otherwise
specified
in
your
Order
of
Referral
to
County
Court
Mediation.
For
instance,
if
your
case
is
being
handled
at
one
of
our
six
District
Courts,
your
conference
will
most
likely
be
held
there.
Please
read
the
Order
of
Referral
carefully
for
location
and
other
specific
information,
and
contact
County
Court
Mediation
at
(305)
348-7337
if
you
have
any
questions.
How
much
does
County
Court
Mediation
cost
and
how
do
I
pay?
Landlord
Tenant disputes
and
Small
Claims cases
are
free
of
charge.
Other
County
Civil cases:
$80
for
a
one-hour
mediation
session,
to
be
paid
50%
by
Plaintiff(s)
and
50%
by
Defendant(s),
unless
the
judge
orders
otherwise
or
the
parties
agree
on
a
different
payment
arrangement,
which
must
be
approved
by
the
judge.
Payment
must
be
made
at
the
Clerk’s
Office
seven
days
before
your
scheduled
mediation
conference.
If
the
mediation
is
longer
than
the
one-hour
session,
the
balance
will
be
paid
at
the
conclusion
of
your
conference.
May
I
hire
a
private
mediator?
Yes.
If
you
wish
to
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