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AGREED ORDER OF REFERRAL TO MEDIATION

AGREED ORDER OF REFERRAL TO MEDIATION

IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA

 

In Re: The Matter of                                                            Case Number:

Section XX

KING JACK,

 

Petitioner/Father,

and

 

JAMIE CROWN

and

JOHN SHMIT,

 

Respondent/Mother.

______________________________/

 AGREED ORDER OF REFERRAL TO MEDIATION

Pursuant to Chapter 44 of the Florida Statutes, Rules 12.740-12.741 of the Florida Family Law Rules of Procedure, and the current Administrative Order governing procedures for mediation, the above-styled cause is hereby referred to mediation:

  1. Within fifteen (15) days (ten days plus and additional five days for mailing) of this Order of Referral, the parties may mutually agree upon the designation of any Mediator of their choice.  If able to agree, the petitioner shall, within the time period set forth above, file with the Clerk of Court, and serve upon the respondent, the agreed upon mediator, and the Mediation Division of the 11th Judicial Circuit (address: 73 West Flagler Street, Room 1801, Miami, Florida 33130: telephone (305) 349-7328, a Notice of Stipulation of Mediator which shall identify the name address, and telephone number of the mediator.  Upon filing the Notice of Stipulation of Mediator, said mediator shall be deemed designated to mediate without further court order.
  1. In the event the parties are unable to agree upon the selection of a mediator within the above specified period, the petitioner shall make a Request for Appointment of Mediator from the Mediation Division within five days thereafter, requesting said Division to select the next available mediator.  Said Request for Appointment of Mediator shall be filed with Clerk of the Court and copies shall be accompanied by a sufficient number of stamped addressed envelopes in order for the Division to serve a Notice of Designation of Mediator upon the parties and the selected mediator.
  1. Within the time periods set forth above, if the parties are unable to either select their own mediator in accordance with Paragraph One (1) above, and the parties have made the required Request for Appointment in accordance with Paragraph two (2) above.

__________ a)         The Division shall select the next available mediator from the rotating list of certified mediators.  (Parties joint income exceeds one hundred thousand dollars ($100,000.00) annually.

_________b)      The Court’s in-house mediation unit is hereby appointed as mediator in this case and the parties shall be responsible for the payment of fees in accordance with the fee schedule provided in Paragraph 4 herein.

Upon the filing of Notice of Designation of mediator, the mediator selected by the Division shall be deemed designated to mediate without further Order of Court.

  1. _______ Parties determined to be indigent by the Clerk of Court shall not be

assessed fees for mediation.

___X____      Parties with a combined income of less than fifty thousand ($50,000.00) a year shall each pay $60.00 per session.

_______        Parties with a combined income of greater than fifty thousand dollars $50,000.00 per year, but less than one hundred dollars per year $100,000.00, shall each pay $120.00 per session (non-indigent party).

 

  1. Payment for mediation session must be made in advance of the session. Parties will not be permitted to mediate unless payment has been made.
  1. The parties and designated mediator are ordered and directed to proceed with mediation in accordance with the Family Law Rules of Procedure.  If any of the parties or attorneys fails to appear or otherwise comply with the obligations set forth herein to ensure that mediation is accomplished expeditiously, the court may, on its own motion or on motion of any party, dismiss the case, strike pleadings, enter a default, remove the case from the trial calendar, or impose any other sanctions that it may deem appropriate under the circumstances.

DONE AND ORDERED at Miami-Dade County, Miami, Florida on this___day of______________, 20__.

________________________________________
HONORABLE XXXXXXXXX
Circuit Court Judge

 

cc: Larry D. Schott, Esquire, Attorney for Father

   XXXXXXX, Esquire, Attorney for Mother

 

          

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