Northern District of Florida
IN BRIEF
Process summary
Mediation.
In April 1995, the Northern District of Florida formally authorized its already existing mediation process. See below.
Of note
Obligations of counsel.
Counsel are encouraged to discuss ADR with their clients, but no direct obligation is imposed on them by court rule or otherwise.
Evaluation.
As one of the ten comparison courts established by the CJRA, the Northern District of Florida is included in the RAND study of the pilot and comparison districts, which will be reported to Congress by the Judicial Conference in 1996.
For more information
Maurice M. Paul, Chief U.S. District Judge, 904-942-8848
IN DEPTH
Mediation in Florida Northern
Overview
Description and authorization.
Under Local Rule 16.3, adopted April 1, 1995, the Northern District of Florida formally authorized a voluntary mediation program, codifying the court's existing practice of referring cases to mediation. The court's program provides for a neutral mediator, whose role is to assist parties in identifying interests, to suggest alternatives, to analyze issues, to question perceptions, to conduct private caucuses, and to stimulate negotiations between opposing sides. The mediator does not review or rule on questions of fact or law or render a final decision in the case. Mediators are compensated at a rate set by the court.
Number of cases.
The court does not routinely maintain information on the number of cases referred to mediation.
Case selection
Eligibility of cases.
Any pending civil case is eligible for referral to mediation. No case types are excluded or assumed inappropriate.
Referral method.
Any pending civil case may be referred to mediation by the presiding judge with consent of the parties at any time the judge believes it appropriate. Additionally, the parties may at any time ask the court to submit any pending civil case to mediation.
Opt-out or removal.
There is no removal procedure in the rules. It is unlikely that a party would request removal since the court refers only cases in which all parties request mediation or consent to it.
Scheduling
Referral.
There is no set time for referring cases to mediation. Some cases are not referred until the final pretrial conference.
Written submissions.
The parties are not required to submit any particular material for the mediation conference. The mediators determine what material will be furnished to them and when.
Mediation session.
The local rules do not establish a specific time frame for completing mediation; however, it is common practice for the order of referral to set a time limit.
Number and length of sessions.
The number and length of the mediation sessions are determined by the mediator on a case-by-case basis.
Program features
Discovery and motions.
The court's rule does not specify whether discovery and other case activities are tolled during mediation, but generally discovery is tolled.
Party roles and sanctions.
There is no written procedure or rule governing the conduct or responsibilities of the parties to the mediation, nor are there provisions for sanctioning noncompliance with the mediation process.
Outcome.
Absent a settlement or consent of the parties, the mediator reports to the presiding judge only whether the case settled, was adjourned for additional sessions, or was terminated because the mediator declared an impasse.
Confidentiality.
This subject is not addressed in the local rule.
Neutrals
Qualifications and training.
Any person who is certified and in good standing as a circuit court mediator under the rules adopted by the Supreme Court of Florida is qualified to serve as a mediator.
Selection for case.
The mediator is generally selected by agreement of the parties from the list of mediators certified by the Florida Supreme Court. If the parties agree and the court approves, any other person may be a mediator in a specific case.
Disqualification.
After reasonable notice and hearing, the presiding judge has the discretion and authority to disqualify any mediator from serving in a particular case. Cause for disqualification may include violation of the standards of professional conduct for mediators established by the Supreme Court of Florida. Additionally, any person selected as a mediator may be disqualified for bias or prejudice as provided in 28 U.S.C. § 144, and a person must be disqualified in any case in which such action would be required by a justice, judge, or magistrate judge governed by 28 U.S.C. § 455.
Any member of the bar who is certified or selected as a mediator pursuant to the court's rules is not, for that reason alone, disqualified from appearing as counsel in other cases pending in the district.
Immunity.
The court reports that this subject is not addressed in the local rules and has not been addressed by the court or the Eleventh Circuit.
Fees.
Absent other agreement, mediators are paid equally by the parties at a rate set by the court. Mediators may not accept any other compensation without prior written approval of the court.
Program administration
Each judge administers the mediation process on a case-by-case basis.
Excerpted from
ADR and Settlement in the Federal District Courts: A Sourcebook for Judges & Lawyers, 1996,
a publication of the Federal Judicial Center and CPR Institute for Dispute Resolution