IN THE COUNTY COURT IN AND - Eleventh Judicial Circuit ...



IN THE COUNTY COURT IN AND

FOR MIAMI-DADE COUNTY, FLORIDA

CIVIL DIVISION

CASE NO.:

Plaintiff(s),

vs.

Defendant(s).

_________________________________/

ORDER OF REFERRAL TO MEDIATION

Pursuant to F.S. 44.102 and Fla.R.Civ.P. 1.700 et seq., the Court Orders the above action to Mediation. The fee for mediation shall be shared equally, unless otherwise ordered by the court.

______ A) The Court appoints _______________________________________ as

Mediator.

___XX___ B) The parties may jointly name their own Certified Mediator by filing a

written stipulation signed by all parties with the Court, within 10 days of

date of this Order.

ALL PROVISIONS OF THIS ORDER SHALL BE MANDATORY

a) Both parties, or their counsel if represented, are directed to

contact the mediator, immediately upon receipt of this Order.

b) The Mediator shall set the date, time and place of the

Mediation Conference as expeditiously as possible. Under all

circumstances, the Conference shall be set prior to trial, and if applicable,

prior to the calendar call. Appropriate notice thereof shall be sent by the

Mediator to all parties listed below. It shall be the responsibility of the

parties to assure the Conference is scheduled for a time consistent with

this Order.

c) It is mandatory that the Conference be attended by Plaintiff(s), together with Plaintiff's counsel, if any; the Defendant, together with Defendant’s counsel, if any. If either party is a corporation, a representative of the corporation must appear. In either event, all parties must appear with full authority to settle, without the need to consult with anyone not present at the Mediation Conference. The failure to appear, in compliance with this Order, or the failure to appear with full settlement authority may result in sanctions.

d) Each party and/or its attorney shall know all claims and defenses, and the amount at issue. The failure to be familiar with this information may result in sanctions.

e) Sanctions may include, but are not limited to, monetary penalties, default, or dismissal.

f) The Conference shall continue until the matter is resolved, adjourned or an impasse is declared by the Mediator.

g) No change or cancellation of a scheduled Conference date is permitted without prior approval of the Mediator or the Court, and, if granted less than 72 hours before the Conference, exclusive of Saturday, Sunday and legal holidays, the mediator may charge for his or her time.

h) Referral to Mediation does not automatically toll any time constraints of this action.

i) All communications during the Mediation Conference are privileged and confidential. Court reporters will not be permitted to attend.

j) Motions to dispense with or defer mediation shall be filed and heard before the Court in accordance with the applicable Rule, no less than 5 days prior to the Conference date.

k) Copies of any pleadings filed relating to Mediation shall also be served upon the Mediator.

l) If either party fails to mediate in good faith, upon motion, sanctions may be imposed.

m) Within five (5) days after the conclusion of the Mediation, the Mediator shall file a report with the court indicating only whether the matter was settled, partially settled, adjourned, or ended in impasse.

DONE AND ORDERED in Miami-Dade County, Florida, this __________day of __________, ________.

__________________________________

COUNTY COURT JUDGE

Copies furnished to all parties:

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