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Mediation

 

Seminole County Courthouse
301 N. Park Avenue
Sanford, FL 32771
Phone: 407-665-4211
Fax: 407-665-4241

Mission
Family mediation's purpose is to provide an impartial mediator who helps divorced or separated people to make decisions about their children, finances and property. A mediator usually meets and talks with all parties together, but may meet with them separately. They may then talk with each party privately. The mediator will separate the issues and facts in dispute from the issues and facts not in dispute. Settlement options designed to meet each party's goals and interests are developed and discussed with the parties. Settlement discussions are confidential, legal proceedings. Mediation is concluded when the parties sign an agreement or when they cannot agree on any solution. An agreement is reached in the majority of cases and future litigation is not necessary. A trained mediator has a neutral role in helping couples to negotiate an agreement, and the decisions made are their own. Mediation is a unique process and does not involve counseling or therapy. Nor is it arbitration where a third party makes the decisions. Mediators do not provide legal advice. When people reach agreements it is more sustainable than Court Orders. Family Mediation offers couples seeking dissolution of marriage (divorce) the opportunity to determine and control the terms of their settlement. It reduces the emotional stress and trauma of the adversarial environment of the courtroom. Mediation provides a Supreme Court certified family mediator, as a neutral third party to guide couples through the issues of conflict. The mediator is dedicated to reaching a mutual written agreement and does not favor one party over the other.


The information displayed in this section has been obtained from various sources. In no way should any information obtained here be taken as legal advice. If you are in need of legal assistance please contact your attorney. If you can not afford an attorney please contact your local Legal Aid office.
 
 
What Is Mediation
Mediation is a form of "alternative dispute resolution". You are going to hear a lot more about this concept in the future as the costs of litigation continue to rise and the availability of Judges and Courtrooms are increasingly strained. Basically, the parties in a potential divorce situation agree to submit the issues of their case to a mediator. The parties give permission to the mediator to discuss the issues and to encourage the parties to compromise. The role of the mediator is significantly different from that of an attorney. An attorney cannot represent both parties, as is sometimes thought. By law an attorney is an advocate of the rights of only one party in a dispute. Often a family law case is resolved by settlement using only one attorney, but that attorney is ethically bound to represent the interests of only one of the parties. In the case of mediation, a mediator represents neither party and both parties have to agree that the mediator is not acting in the role of an attorney. The mediation conferences are conducted at the Seminole County Downtown Civil Courthouse, 301 North Park Avenue, Second Floor, Sanford, Florida. Depending on the combined income of the parties and/or if the combined income exceeds the statutory limit, a private mediator will conduct the mediation. Mediation can take place over several meetings. This can be because documents or other evidence are required for the mediator to fully understand the issues of the case. Once all the facts are determined and parties have acknowledged the legal concepts applicable to their case, negotiations take place to attempt to resolve all issues. There are unusual circumstances where some cases are not suited for mediation and are generally recognized by the Court upon Motion. Cases that involved spousal abuse, child abuse or serious child custody issues can be mediated through our mediation program. Consequently, security is provided if required and/or needed.
Mediator Qualifications

In order to receive referrals directly from the courts, a mediator must be certified by the Florida Supreme Court. The qualifications are established in rule 10.100, Florida Rules for Certified and Court-Appointed Mediators. In addition, under rule 1.720(f), Florida Rules of Civil Procedure, the parties to mediation have ten days from the court's order of referral to mediation to agree upon a stipulation with the court designating a mediator and/or using the Courts’ mediation program. During this ten day period, there case is coordinated and scheduled upon receipt of the Information sheet; a certified and trained mediator who is otherwise qualified by the Supreme Court to mediate all or some of the issues in the particular case. I In addition to the information below regarding the Florida Rules for Certified and Court-Appointed Mediators and Qualifications go to www.flcourts.org (Court Programs) Subsection Alternative Dispute Resolution/Mediation .

 

PART I. MEDIATOR QUALIFICATIONS
RULE 10.100 GENERAL QUALIFICATIONS

(a) County Court Mediators. For certification a mediator of county court matters must be certified as a circuit court or family mediator or:

  • complete a minimum of 20 hours in a training program certified by the supreme court;
  • observe a minimum of four county court mediation conferences conducted by a court-certified mediator and conduct four county court mediation conferences under the supervision and observation of a court-certified mediator; and
  • be of good moral character.

(b) Family Mediators. For certification a mediator of family and dissolution of marriage issues must:

  • complete a minimum of 40 hours in a family mediation training program certified by the supreme court;
  • have a master's degree or doctorate in social work, mental health, or behavioral or social sciences; be a physician certified to practice adult or child psychiatry; or be an attorney or a certified public accountant licensed to practice in any United States jurisdiction; and have at least 4 years practical experience in one of the aforementioned fields or have 8 years family mediation experience with a minimum of 10 mediations per year;
  • observe two family mediations conducted by a certified family mediator and conduct two family mediations under the supervision and observation of a certified family mediator; and
  • be of good moral character.

 

 

PART I. MEDIATOR QUALIFICATIONS
RULE 10.100 GENERAL QUALIFICATIONS

(a) County Court Mediators. For certification a mediator of county court matters must be certified as a circuit court or family mediator or:

  • complete a minimum of 20 hours in a training program certified by the supreme court;
  • observe a minimum of four county court mediation conferences conducted by a court-certified mediator and conduct four county court mediation conferences under the supervision and observation of a court-certified mediator; and
  • be of good moral character.

(b) Family Mediators. For certification a mediator of family and dissolution of marriage issues must:

  • complete a minimum of 40 hours in a family mediation training program certified by the supreme court;
  • have a master's degree or doctorate in social work, mental health, or behavioral or social sciences; be a physician certified to practice adult or child psychiatry; or be an attorney or a certified public accountant licensed to practice in any United States jurisdiction; and have at least 4 years practical experience in one of the aforementioned fields or have 8 years family mediation experience with a minimum of 10 mediations per year;
  • observe two family mediations conducted by a certified family mediator and conduct two family mediations under the supervision and observation of a certified family mediator; and
  • be of good moral character.

(c) Circuit Court Mediators. For certification a mediator of circuit court matters, other than family matters, must:

  • complete a minimum of 40 hours in a circuit court mediation training program certified by the supreme court;
  • be a member in good standing of The Florida Bar with at least five years of Florida practice and be an active member of The Florida Bar within 1 year of application for certification; or be a retired trial judge from any United States jurisdiction who was a member in good standing of the bar in the state in which the judge presided for at least 5 years immediately preceding the year certification is sought;
  • observe 2 circuit court mediations conducted by a certified circuit mediator and conduct 2 circuit mediations under the supervision and observation of a certified circuit court mediator; and
  • be of good moral character.

(d) Dependency Mediators. For certification a mediator of dependency matters, as defined in Florida Rules for Juvenile Procedure 8.290(a) must:

  • complete a supreme court certified dependency mediation training program as follows:
    A. 40 hours if the applicant is not a certified family mediator or is a certified family mediator who has not mediated at least 4 dependency cases; or
    B. 20 hours if the applicant is a certified family mediator who has mediated at least 4 dependency cases; and
  • have a master's degree or doctorate in social work, mental health, behavioral sciences or social sciences; or be a physician licensed to practice adult or child psychiatry or pediatrics; or be an attorney licensed to practice in any United States jurisdiction; and
  • have 4 years experience in family and/or dependency issues or be a licensed mental health professional with at least 4 years practical experience or be a supreme court certified family or circuit mediator with a minimum of 20 mediations; and
  • observe 4 dependency mediations conducted by a certified dependency mediator and conduct 2 dependency mediations under the supervision and observation of a certified dependency mediator; and
  • be of good moral character.

(e) Special Conditions. Mediators who have been duly certified as circuit court or family mediators before July 1, 1990, shall be deemed qualified as circuit court or family mediators pursuant to these rules. Certified family mediators who have mediated a minimum of 4 dependency cases prior to July 1, 1997, shall be granted temporary certification and may continue to mediate dependency matters for no more than 1 year from the time that a training program pursuant to subdivision (d)(1)(B) is certified by the supreme court.
 
Such mediators shall be deemed qualified to apply for certification as dependency mediators upon successful completion of the requirements of subdivision (d)(1)(B) and (d)(5) of this rule.
Related Links

Seminole County Courthouse
(Downtown Location)

301 N. Park Avenue
Sanford , FL 32771
Phone: 407-665-4211
Fax: 407-665-4241

Mediation Department Fax

407-665-4129


 
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