Florida Motion to Refer Case to Mediation

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Multi-State
Control #:
US-02642BG
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Word; 
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Description

Mediation is a non-adversarial method of alternative dispute resolution (ADR) in which a neutral third party helps resolve a dispute. The mediator does not have the power to render a decision on the matter or order an outcome. If a satisfactory resolution cannot be reached, the parties can pursue a lawsuit.


Mediation is often used to help a divorcing or divorced couple work out their differences concerning alimony, child support, custody, visitation and division of property. Some lawyers and mental health professionals employ mediation as part of their practice. Some states require mediation in custody and visitation disputes. Other states allow courts to order mediation and a few states have started using mediation to resolve financial issues as well.

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FAQ

Rule 1.700 Rules Common to Mediation and Arbitration Except as hereinafter provided or as otherwise prohibited by law, the presiding judge may enter an order referring all or any part of a contested civil matter to mediation or arbitration.

Rule 12.741 - MEDIATION RULES (a) Discovery. Unless stipulated by the parties or ordered by the court, the mediation process shall not suspend discovery.

Rule 1.730 - COMPLETION OF MEDIATION (a) No Agreement. If the parties do not reach an agreement as to any matter as a result of mediation, the mediator shall report the lack of an agreement to the court without comment or recommendation.

1.480. Rule 1.480 - MOTION FOR A DIRECTED VERDICT (a) Effect. A party who moves for a directed verdict at the close of the evidence offered by the adverse party may offer evidence in the event the motion is denied without having reserved the right to do so and to the same extent as if the motion had not been made.

Rule 1.700 Rules Common to Mediation and Arbitration The parties to any contested civil matter may file a written stipulation to mediate or arbitrate any issue between them at any time. Such stipulation shall be incorporated into the order of referral.

Rule 1.720 - MEDIATION PROCEDURES (a) Interim or Emergency Relief. A party may apply to the court for interim or emergency relief at any time. Mediation shall continue while such a motion is pending absent a contrary order of the court, or a decision of the mediator to adjourn pending disposition of the motion.

Mediation Rule 1.730 (b), Florida Rules of Civil Procedure, provides that ?if a partial or final agreement is reached it shall be reduced to writing and signed by the parties and their counsel, if any.? The Rule further provides: [T]he agreement shall be filed when required by law or with the parties' consent.

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Florida Motion to Refer Case to Mediation