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8th Judicial Circuit Home Page
County Court
Mediation
Program
Robin Davis, Esq., ADR Director
Sharon Cooksley,
Mediation Services Coordinator
352.491.4645
fax: 352.381.0109
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How does small claims mediation work?
What are the advantages of mediation? Where can I get more
information?
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Mediation is a process where a neutral person meets with parties in dispute and assists them with resolving their issues. It is an informal process, with the objective of helping the parties reach a voluntary agreement. The parties have complete decision-making authority. The mediator may assist the parties to identify issues, foster joint problem solving, and explore settlement alternatives, but the mediator will not make any decisions for the parties.
Mediation services are provided at no cost to small claims litigants. In most cases, a mediator is available at the pre-trial conference, making a second visit to the courthouse unnecessary. Litigants in county cases above small claims who choose to use the court program are required to pay a fee of $60 per person, per scheduled session. These fees are collected by the Clerk of the Court and must be paid prior to the mediation. No mediation fee is assessed to litigants who are determined to be indigent or for residential eviction cases. Mediation fees charged by private mediators, i.e., those not connected with the court program, are set by each individual mediator. A complete list of private mediators for the Eighth Circuit is available at www.flcourts.org.
Any rescheduling to accommodate a party's or an attorney's schedule must take place by mutual consent, however, PARTIES WILL BE CHARGED FOR THAT SESSION AS WELL AS ANY RESCHEDULED SESSION(S).
How does small claims mediation work?
Small Claims Court is where a party sues another party for an amount under $5,000. The first court meeting is called a "pre-trial conference." At the pre-trial conference the judge requires the parties to mediate if the parties in the case are present and if any defendant does not agree to the claim filed. There is no charge to litigants in small claims mediations. Because mediation usually takes place at the pre-trial conference, parties should come to court prepared to spend the time necessary to mediate their case, usually one to two hours.
On the day of the pre-trial conference, all parties will appear before the judge at the scheduled place and time. There can be many cases scheduled for the same pre-trial docket, so you may have to wait a while for your case to be called. When your case is called, the judge will ask the defendant whether the claim is admitted or denied. If the claim is denied the judge will order the parties to mediation. Mediators are on-site and available at the small claims pre-trial conferences in Alachua, Baker, Bradford, Levy, and Union Counties. The mediation in these counties will take place immediately after the pre-trial hearing. Litigants in Gilchrist County will schedule a future date and time for any court-ordered mediations.
How does county court mediation work?
County court cases are those in which the principal amount of the claim filed is between $5,000 and $15,000. Before setting a case for trial, the judge may require that the parties attempt to resolve the issues through mediation. Parties in county court cases may use the court mediation program or hire a private mediator. Parties wishing to use the court program will select one of the court's program contract mediators. After agreeing on a mediator, parties may contact the mediator directly to coordinate scheduling or contact the Mediation Services Coordinator for assistance. Once the mediation is scheduled, the Mediation Services Coordinator will prepare the Notice of Mediation. If the parties are unable to select or agree upon a mediator, the Mediation Services Coordinator will assign one from the list of program mediators.
Who are the Mediators?
Small Claims Mediators are citizens certified by the Florida Supreme Court and who volunteer their time and talent to mediate in the county courts of Florida. Mediators are trained professionals and most have years of experience in mediating disputes. The list of county court program contract mediators is comprised of the volunteers who mediate small claims cases.
The mediator will begin by explaining the mediation process. Each party will then have the opportunity to tell the other side their views of the issues in dispute. After this, the mediator will help the parties discuss these issues in an effort to reach an agreement acceptable to both sides. The mediator may meet with individual parties or with the group as a whole in discussing the issues. If a total or partial agreement is reached, the parties will sign a written agreement. If an agreement cannot be reached, the Clerk will assist the parties with scheduling a trial date.
Each mediation session is governed by a set of rules created by the Florida Supreme Court.
The mediator is neutral, with no personal or financial interest in the case.
Mediators do not provide legal or personal advice.
Each party attending the mediation should have authority and complete discretion to negotiate a settlement of the case without asking any other person.
The mediator will explain the procedures and rules of conduct during the mediation conference.
The mediator may meet privately with each party. Upon a party's request the mediator will keep information private.
The conference is confidential and information given in mediation cannot be used as evidence in a hearing or trial.
The parties determine the terms of any agreement reached, with the mediator documenting that agreement in writing.
What are the advantages of mediation?
Through mediation, parties can develop their own solution and avoid a stressful and potentially costly court trial.
Parties remain in control
Parties take an active part in their case
Immediate resolution
No trial
Less court visits
No witness expense
Less formal than court
Lower costs
Preserve relationships
Mediation preserves personal and business relationships and protects privacy by avoiding a public trial. Those owing money can establish by agreement the amount owed, arrange repayment plans, avoid a judgment and preserve their credit reputation. When the parties settle, the case is over -- no more court!
Where can I get more information?
The Murphree Law Library is located on the Fourth Floor of the Alachua County Courthouse. There are various self-help books and pamphlets available on a number of topics. In some cases you might want to consider consulting an attorney, even if you feel you cannot afford an attorney to represent you in your case. A one hour consultation can provide a substantial amount of information and can relieve some anxiety about both the process and the chances of success in your case. Mediators are not able to give any legal advice, so any information about the legal aspects of your case must be determined by the information you get from other sources.
In some cases, what a party feels is right or correct does not match the law. A court cannot correct every wrong or injustice, only those "wrongs" that the court has the authority to redress by statute or case law. The law library also has the Florida Statutes, which may provide some guidance to your case. Keep in mind that the statutes may not provide a complete answer, and that previous court decisions may also be important. In some cases there is no concrete answer to your questions.
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Last Revised 13 August 2008 |
