Florida Family Law Rule 12.740
RULE 12.740. FAMILY MEDIATION
(a) Applicability. This rule governs mediation of family
matters and related issues.
(b) Referral. Except as provided by law and this rule, all
contested family matters and issues may be referred to mediation.
Every effort must be made to expedite mediation of family issues.
Such referral, or written stipulation of the parties, may provide for
mediation or arbitration in person, remotely via audio or audio-
video communication technology, or a combination thereof. Absent
direction in the order of referral, mediation or arbitration must be
conducted in person, unless the parties stipulate or the court, on
its own motion or on motion by a party, otherwise orders that the
proceeding be conducted by communication technology or by a
combination of communication technology and in-person
participation.
(c) Limitation on Referral to Mediation. Unless otherwise
agreed by the parties, family matters and issues may be referred to
a mediator or mediation program which charges a fee only after the
court has determined that the parties have the financial ability to
pay such a fee. This determination may be based upon the parties’
financial affidavits or other financial information available to the
court. When the mediator’s fee is not established under section
44.108, Florida Statutes, or when there is no written agreement
providing for the mediator’s compensation, the mediator shall be
compensated at an hourly rate set by the presiding judge in the
referral order. The presiding judge may also determine the
reasonableness of the fees charged by the mediator. When
appropriate, the court shall apportion mediation fees between the
parties and shall state each party’s share in the order of referral.
Parties may object to the rate of the mediator’s compensation within
15 days of the order of referral by serving an objection on all other
parties and the mediator.
(d) Appearances. A party is deemed to appear if the named
party is physically present at the mediation conference or, if
permitted by court order or written stipulation of the parties,
present via communication technology. In the discretion of the
mediator and with the agreement of the parties, family mediation
may proceed in the absence of counsel unless otherwise ordered by
the court.
(e) Completion of Mediation. Mediation shall be completed
within 75 days of the first mediation conference unless otherwise
ordered by the court.
(f) Report on Mediation.
(1) If agreement is reached as to any matter or issue,
including legal or factual issues to be determined by the court, the
agreement shall be reduced to writing, signed by the parties and
submitted to the court unless the parties agree otherwise. By
stipulation of the parties, the agreement may be electronically or
stenographically recorded and made under oath or affirmed. In
such event, an appropriately signed transcript may be filed with the
court. Signatures may be original, electronic, or facsimile, and may
be in counterparts.
(2) After the agreement is filed, the court shall take
action as required by law. When court approval is not necessary,
the agreement shall become binding upon filing. When court
approval is necessary, the agreement shall become binding upon
approval. In either event, the agreement shall be made part of the
final judgment or order in the case.
(3) 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.
With the consent of the parties, the mediator’s report may also
identify any pending motions or outstanding legal issues, discovery
process, or other action by any party which, if resolved or
completed, would facilitate the possibility of a settlement.
Commentary
1995 Adoption. This rule is similar to former Florida Rule of
Civil Procedure 1.740. All provisions concerning the compensation
of the mediator have been incorporated into this rule so that all
mediator compensation provisions are contained in one rule.
Additionally, this rule clarifies language regarding the filing of
transcripts, the mediator’s responsibility for mailing a copy of the
agreement to counsel, and counsel’s filing of written objections to
mediation agreements.
2022 Amendment. The phrase “audio or audio-video
communication technology” is added to the rule to make the rule
consistent with amendments to the Rules of General Practice and
Judicial Administration.
(a) Applicability. This rule governs mediation of family
matters and related issues.
(b) Referral. Except as provided by law and this rule, all
contested family matters and issues may be referred to mediation.
Every effort must be made to expedite mediation of family issues.
Such referral, or written stipulation of the parties, may provide for
mediation or arbitration in person, remotely via audio or audio-
video communication technology, or a combination thereof. Absent
direction in the order of referral, mediation or arbitration must be
conducted in person, unless the parties stipulate or the court, on
its own motion or on motion by a party, otherwise orders that the
proceeding be conducted by communication technology or by a
combination of communication technology and in-person
participation.
(c) Limitation on Referral to Mediation. Unless otherwise
agreed by the parties, family matters and issues may be referred to
a mediator or mediation program which charges a fee only after the
court has determined that the parties have the financial ability to
pay such a fee. This determination may be based upon the parties’
financial affidavits or other financial information available to the
court. When the mediator’s fee is not established under section
44.108, Florida Statutes, or when there is no written agreement
providing for the mediator’s compensation, the mediator shall be
compensated at an hourly rate set by the presiding judge in the
referral order. The presiding judge may also determine the
reasonableness of the fees charged by the mediator. When
appropriate, the court shall apportion mediation fees between the
parties and shall state each party’s share in the order of referral.
Parties may object to the rate of the mediator’s compensation within
15 days of the order of referral by serving an objection on all other
parties and the mediator.
(d) Appearances. A party is deemed to appear if the named
party is physically present at the mediation conference or, if
permitted by court order or written stipulation of the parties,
present via communication technology. In the discretion of the
mediator and with the agreement of the parties, family mediation
may proceed in the absence of counsel unless otherwise ordered by
the court.
(e) Completion of Mediation. Mediation shall be completed
within 75 days of the first mediation conference unless otherwise
ordered by the court.
(f) Report on Mediation.
(1) If agreement is reached as to any matter or issue,
including legal or factual issues to be determined by the court, the
agreement shall be reduced to writing, signed by the parties and
submitted to the court unless the parties agree otherwise. By
stipulation of the parties, the agreement may be electronically or
stenographically recorded and made under oath or affirmed. In
such event, an appropriately signed transcript may be filed with the
court. Signatures may be original, electronic, or facsimile, and may
be in counterparts.
(2) After the agreement is filed, the court shall take
action as required by law. When court approval is not necessary,
the agreement shall become binding upon filing. When court
approval is necessary, the agreement shall become binding upon
approval. In either event, the agreement shall be made part of the
final judgment or order in the case.
(3) 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.
With the consent of the parties, the mediator’s report may also
identify any pending motions or outstanding legal issues, discovery
process, or other action by any party which, if resolved or
completed, would facilitate the possibility of a settlement.
Commentary
1995 Adoption. This rule is similar to former Florida Rule of
Civil Procedure 1.740. All provisions concerning the compensation
of the mediator have been incorporated into this rule so that all
mediator compensation provisions are contained in one rule.
Additionally, this rule clarifies language regarding the filing of
transcripts, the mediator’s responsibility for mailing a copy of the
agreement to counsel, and counsel’s filing of written objections to
mediation agreements.
2022 Amendment. The phrase “audio or audio-video
communication technology” is added to the rule to make the rule
consistent with amendments to the Rules of General Practice and
Judicial Administration.