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Court-Ordered Mediation in Florida

NCJ Number
116780
Journal
Mediation Quarterly Issue: 23 Dated: (Spring 1989) Pages: 77-84
Author(s)
B W Talcott
Date Published
1989
Length
8 pages
Annotation
The State of Florida passed a comprehensive court-ordered mediation statute for divorce and other civil cases in 1987 that distinguishes between mediation of county court, family, and general civil matters before circuit courts.
Abstract
It establishes professional qualifications for mediators and provides for mediation training programs. While many Florida circuit courts have established mediation programs for child custody and visitation disputes, court-ordered mediation of marriage dissolution cases has developed more slowly than court-ordered mediation of general civil cases. The Florida statute provides little guidance on client and attorney roles and the way in which mediation conferences are conducted. The statute is clear, however, in stipulating that the mediator must always control the mediation conference. Mediation is essentially a voluntary process that reduces court caseloads, although many cases still require dispute resolution by the traditional legal trial. While there will continue to be controversy over the efficacy of court-ordered mediation, Florida envisions that such mediation will continue to represent an alternative to the traditional adversarial approach in dispute resolution.

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