Tuesday, November 16, 2004

Proposed Amendments to Florida Family Law Rules of Procedure Which Impact Family Mediation

The Family Law Rules Committee in its Fast-Track Amendments Report to the Florida Supreme Court has recommended that the Supreme Court adopt certain changes to the Florida Family Law Rules of Procedure. The changes impacting Family Mediation [pages 33-36 of the Report] include:
Rule 12.740. FAMILY MEDIATION (c) Limitation on Referral to Mediation. 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.

RULE 12.741. MEDIATION RULES (b) General Procedures. (2) Sanctions. If a party (A) fails to appear at a duly noticed mediation conference without good cause, or (B) violates any confidentiality provision under section 44.405, Florida Statutes, the court upon motion shall impose sanctions, including an award of mediator and attorneys' fees and other costs, against the party.