RULE 8.290. DEPENDENCY MEDIATION

(a) Definitions. The following definitions apply to this rule:

(1) “Dependency matters” means proceedings arising
under Chapter 39, Florida Statutes.

(2) “Dependency mediation” means mediation of
dependency matters.

(3) “Mediation” means a process whereby a neutral
third person called a mediator acts to encourage and facilitate the
resolution of a dispute between two or more parties. It is an
informal and nonadversarial process with the objective of helping
the disputing parties reach a mutually acceptable and voluntary
agreement. In mediation, decision-making authority rests with the
parties. The role of the mediator includes, but is not limited to,
assisting the parties in identifying issues, fostering joint problem-
solving, and exploring settlement alternatives.

(b) Applicability. This rule applies only to mediation of
dependency matters.
(c) Compliance with Statutory Time Requirements.
Dependency mediation must be conducted in compliance with the
statutory time requirements for dependency matters.

(d) Referral. Except as provided by this rule, all matters and
issues described in subdivision (a)(1) may be referred to mediation.
All referrals to mediation must be in written form, advise the parties
of their right to counsel, set a date for hearing before the court to
review the progress of the mediation, and may provide that
mediation be conducted in person, by communication technology,
or by a combination thereof. Absent direction in the 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 proceeding be conducted by
communication technology or by a combination of communication
technology and in-person participation. The mediator or mediation
program must be appointed by the court or stipulated to by the
parties. If the court refers the matter to mediation, the mediation
order must address all applicable provisions of this rule. The
mediation order must be served on all parties and on counsel under
the provisions of these rules.

(e) Appointment of the Mediator.

(1) Court Appointment. The court, in the order of
referral to mediation, must appoint a certified dependency mediator
selected by rotation or by such other procedures as may be adopted
by administrative order of the chief judge in the circuit in which the
action is pending.

(2) Party Stipulation. Within 10 days of the filing of the
order of referral to mediation, the parties may agree upon a
stipulation with the court designating:

(A) another certified dependency mediator, other
than a senior judge presiding over civil cases as a judge in that
circuit, to replace the one selected by the judge; or

(B) a mediator, other than a senior judge, who is
not certified as a mediator but who, in the opinion of the parties
and upon review by the presiding judge, is otherwise qualified by
training or experience to mediate all or some of the issues in the
particular case.

(f) Fees. Dependency mediation referrals may be made to a
mediator or mediation program that charges a fee. Any order of
referral to a mediator or mediation program charging a fee must
advise the parties that they may timely object to mediation on
grounds of financial hardship. On the objection of a party or the
court’s own motion, the court may, after considering the objecting
party’s ability to pay and any other pertinent information, reduce or
eliminate the fee.

(g) Objection to Mediation. Within 10 days of the filing of
the order of referral to mediation, any party or participant ordered
to mediation may make a written objection to the court about the
order of referral if good cause for such objection exists. If a party
objects, mediation must not be conducted until the court rules on
the objection.

(h) Scheduling. The mediation conference may be held at
any stage of the proceedings. Unless otherwise scheduled by the
court, the mediator or the mediation program must schedule the
mediation conference.

(i) Disqualification of the Mediator. Any party may move
to enter an order disqualifying a mediator for good cause. If the
court rules that a mediator is disqualified from mediating a case, an
order must be entered with the name of a qualified replacement.
Nothing in this provision precludes mediators from disqualifying
themselves or refusing any assignment.

(j) Substitute Mediator. If a mediator agreed upon by the
parties or appointed by a court cannot serve, a substitute mediator
can be agreed upon or appointed in the same manner as the
original mediator. A mediator must not mediate a case assigned to
another mediator without the agreement of the parties or approval
of the court. A substitute mediator must have the same
qualifications as the original mediator.
(k) Discovery. Unless stipulated by the parties or ordered by
the court, the mediation process must not suspend discovery.

(l) Appearances.

(1) Order Naming or Prohibiting Attendance of Parties.
The court must enter an order naming the parties and the
participants who must appear at the mediation and any parties or
participants who are prohibited from appearing at the mediation.
Additional participants may be included by court order or by
mutual agreement of all parties. The order may provide for
mediation to be conducted in person, by communication
technology, or a combination thereof.

(2) Presence of Adult Parties and Participants. Unless
otherwise agreed to by the parties or ordered by the court, any
party or participant ordered to mediation must be present at the
mediation conference either in person or, if permitted by court order
or written stipulation of the parties, via communication technology.
Persons representing an agency, department, or program must have
full authority to enter into an agreement that is binding on that
agency, department, or program. In the discretion of the mediator,
and with the agreement of the attending parties, dependency
mediation may proceed in the absence of any party or participant
ordered to mediation.

(3) Appearance of Counsel. In the discretion of the
mediator, and with the agreement of the attending parties,
dependency mediation may proceed in the absence of counsel
unless otherwise ordered by the court.

(4) Appearance of Child. The court may prohibit the
child from appearing at mediation upon determining that such
appearance is not in the best interest of the child. No minor child is
required to appear at mediation unless the court has previously
determined by written order that it is in the child’s best interest to
be physically present. The court must specify in the written order of
referral to mediation any special protections necessary for the
child’s appearance.
(5) Sanctions for Failure to Appear. If a party or
participant ordered to mediation fails to appear at a duly-noticed
mediation conference without good cause, the court, on motion of
any party or on its own motion, may impose sanctions. Sanctions
against the party or participant failing to appear may include one or
more of the following: contempt of court, an award of mediator fees,
an award of attorney fees, an award of costs, or other remedies as
deemed appropriate by the court.

(m) Caucus with Parties and Participants. During the
mediation session, the mediator may meet and consult privately
with any party, participant or counsel.

(n) Continuances. The mediator may end the mediation
session at any time and may set new times for reconvening the
mediation. No further notification is required for parties or
participants present at the mediation session.

(o) Report on Mediation.

(1) If agreement is reached on all or part of any matter
or issue, including legal or factual issues to be determined by the
court, the agreement must be immediately reduced to writing,
signed by the attending parties, and promptly submitted to the
court by the mediator with copies to all parties and counsel.
Signatures may be original, electronic, or facsimile, and may be in
counterparts.

(2) If the parties do not reach an agreement as to any
matter as a result of mediation, the mediator must report the lack
of an agreement to the court without comment or recommendation.

(p) Court Hearing and Order On Mediated Agreement. On
receipt of a full or partial mediation agreement, the court must hold
a hearing and enter an order accepting or rejecting the agreement
consistent with the best interest of the child. The court may modify
the terms of the agreement with the consent of all parties to the
agreement.
(q) Imposition of Sanctions On Breach of Agreement. In
the event of any breach or failure to perform under the court–
approved agreement, the court, on a motion of any party or on its
own motion, may impose sanctions. The sanctions may include
contempt of court, vacating the agreement, imposition of costs and
attorney fees, or any other remedy deemed appropriate by the court.

Committee Notes
1997 Adoption. In considering the provision regarding the
appearance of the child found in subsection (l)(4), the Supreme
Court Mediation and Arbitration Rules Committee considered
issues concerning the child’s right to participate and be heard in
mediation and the need to protect the child from participating in
proceedings when such participation would not be in the best
interest of the child. The Committee has addressed only the issue of
mandating participation of the child in mediation. In circumstances
where the court has not mandated that the child appear in
mediation, the Committee believes that, in the absence of an order
prohibiting the child from mediation, the participation of the child
in mediation will be determined by the parties.

Whenever the court, pursuant to subdivision (p) determines
whether to accept, reject, or modify the mediation agreement, the
Committee believes that the court shall act in accordance with the
confidentiality requirements of chapter 44, Florida Statutes.