Frequently Asked Questions for County Court Mediation
- QContact Information
- A
- County Court Mediation
Osvaldo Soto Miami- Dade Justice
Center
20 NW 1st Avenue, Suite 11.226 (11th Floor)
Miami, FL 33128
Phone: (305) 349-7337
Fax: (305) 349-7339
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- QWhat to Expect?
- A
- 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: Small Claims cases are set for Pre-Trial Hearing and may
be referred to mediation on the same day. You will first attend your Pre-Trial Hearing. If your case
does not settle during Pre-Trial, onsite mediators are available to conduct 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.
Residential Landlord/Tenant cases: are mediated just prior to trial, on the same date as their trial
date
Other County Civil cases - claims of $5001 - $15,000 and Commercial Landlord / Tenant Cases:
• 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.
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- QWhere do I go for my County Court Mediation conference?
- AMost County Court Mediation sessions are conducted in:
Osvaldo Soto Miami- Dade Justice
Center
20 NW 1st Avenue, Suite 11.226 (11th Floor)
Miami, FL 33128
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) 349-7337 if you have any questions.
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- QHow much does County Court Mediation cost and how do I pay?
- A
Landlord Tenant disputes and Small Claims cases are free of charge. Other County Civil cases: $120
for a one-hour mediation session, to be paid equally 50% by Plaintiff(s) and 50% by Defendant(s).
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. 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 a Affidavit of Indigency from the
Clerk's Office. The Mediation Division will hen ne notified that no payment is required.
- QMay I hire a private mediator?
- A
- Yes. If you wish to hire a private mediator, you must file a written stipulation (agreement), signed by
all parties, with the Clerk’s Office within 10 days of your Order of Referral to County Court
Mediation. Copies of this and all other pleadings relating to mediation must be served upon the
Mediation Division. Your Order of Referral provides detailed information on the proper procedures.
- QHow long will County Court Mediation take?
- A
- Almost all County Court matters are resolved within a one-hour mediation session. However, your
conference will continue until the matter is settled, adjourned or the mediator declares an
“impasse” if it is determined that no agreement can be reached.
- QWho must be present at the conference?
- A
- It is required that the conference be attended by plaintiffs, defendants and trial counsel, if any, and
defendants or representatives of insurance carriers, if this applies in your case. Absence of any of
these parties may only be approved by court order before the date of the conference.
- QWhat if an interpreter is needed during County Court Mediation?
- A
- When an interpreter is needed in County Court Mediation, the judge decides whether the Court or the
parties will pay for this service. A free interpreter may be assigned only if the judge determines that
the parties are indigent and cannot afford the fee. Otherwise, you must bring a certified interpreter
with you. Family members or friends are not allowed to interpret during mediation.
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- QWhat if I need to reschedule or cancel my mediation conference?
- A
- No change or cancellation of your scheduled conference date is allowed without prior approval of the
County Court Mediation Division or the judge. If rescheduling or cancellation is granted less than 72
hours before the conference (except for weekends and court holidays) parties must pay the mediation fee,
unless the Court orders otherwise under exceptional circumstances.
- QWhat happens if I fail to appear at mediation?
- A
- If you fail to appear at the mediation conference, your case will be referred to the judge for further
action.
- QWhat if I settle my case before the mediation conference?
- A
- Our mediators’ valuable time is scheduled to accommodate your case and assist you in resolving
your disputes without going to trial. Please contact County Court Mediation at (305) 349-7337 as soon as
possible to advise that your case has settled and the conference is no longer necessary.
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- QIs County Court Mediation confidential?
- A
- Yes. Mediation is privileged and confidential, with certain exceptions noted in Chapter 44 of the Florida Statutes. Court reporters are not allowed to attend.
If your case does not settle during mediation, the mediator only reports to the judge that mediation was
unsuccessful without further comment on your case.
- QPersons with Disabilities
- A
- If you need assistance to participate in a court proceeding, program or service, please contact the ADA Coordinator, at:
(305) 349-7175 (Voice mail)
(305) 349-7174 (TDD)
(305) 349-7355 (Fax)
(800) 955-8770 (Florida Relay Service)