RULE 9.700. MEDIATION RULES

(a) Applicability. Rules 9.700 – 9.740 apply to all appellate
courts, including circuit courts exercising jurisdiction under rule
9.030(c), district courts of appeal, and the supreme court.

(b) Referral. The court, upon its own motion or upon motion
of a party, may refer a case to mediation at any time and may direct
that the mediation be conducted in person, through the use of
communication technology as that term is defined in Florida Rule of
General Practice and Judicial Administration 2.530, or by a
combination thereof. A motion from a party must contain a
certificate that the movant has consulted with opposing counsel or
unrepresented party and that the movant is authorized to represent
with respect to the mediation and, if applicable, with respect to the
movant’s request to use communication technology that opposing
counsel or unrepresented party:

(1) has no objection;

(2) objects and cites the specific reasons for objection;
or

(3) will promptly file an objection.

Absent direction in the court’s order of referral, mediation 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
proceedings be conducted by communication technology or by a
combination of communication technology and in-person
participation.

(c) Time Frames for Mediation. The first mediation
conference shall be commenced within 45 days of referral by the
court, unless the parties agree to postpone mediation until after the
period for filing briefs has expired. The mediation shall be
completed within 30 days of the first mediation conference. These
times may be modified by order of the court.

(d) Tolling of Times. Unless otherwise ordered, or upon
agreement of the parties to postpone mediation until after the
expiration of time for filing the appellate briefs, all times under
these rules for the processing of cases shall be tolled for the period
of time from the referral of a case to mediation until mediation ends
pursuant to section 44.404, Florida Statutes. The court, by
administrative order, may provide for additional tolling of deadlines.
A motion for mediation filed by a party within 30 days of the notice
of appeal shall toll all deadlines under these rules until the motion
is ruled upon by the court.

(e) Motion to Dispense with Mediation. A motion to
dispense with mediation may be served not later than 10 days after
the discovery of the facts that constitute the grounds for the
motion, if:

(1) the order violates rule 9.710; or

(2) other good cause is shown.