A Florida motion for referral to mediation is a written request asking the judge to send your case to a neutral mediator before trial. In most civil cases seeking money damages, the court must grant it when the moving party agrees to pay or split the cost; in family and other matters, the judge decides. The motion is governed by Florida Rule of Civil Procedure 1.710 for general civil cases and Florida Family Law Rule of Procedure 12.740 for family matters, with Florida Statute 44.102 setting the ground rules for when referral is required.
When the Court Must Grant Your Motion
Section 44.102 draws a sharp line. For any filed civil action seeking monetary damages, the court must refer the case to mediation when one party requests it and is willing to pay or equitably split the cost. The exceptions are specific: landlord-tenant disputes without personal injury claims, debt-collection actions, medical malpractice claims, small claims cases, and matters where the parties have already agreed to binding arbitration or expedited trial.
Outside those mandatory referrals, the court may refer any other civil action to mediation on its own or on a party’s motion when the judge thinks it will help. In family law, circuits with an established family mediation program must refer contested parental responsibility, timesharing, and child support issues to mediation once the court finds a dispute exists.
The practical read: if you’re suing for money damages and none of the exclusions fit, filing this motion and agreeing to your share of the fees essentially forces the referral. In other case types, a motion that explains concretely why mediation would help improves your chances with a discretionary judge.
What to Put in the Motion
Florida does not publish a single statewide form titled “Motion for Referral to Mediation.” Some circuits provide local templates; most attorneys draft from scratch. Whatever the format, the clerk and judge expect to see the same core pieces.
Case Caption
Start with the full case caption: the circuit court, county, case number, division if any, and the full legal names of the parties. Copy them exactly as they appear on the original petition or complaint. Minor discrepancies can get the filing kicked back.
Issues to Be Mediated
Identify the specific issues you want resolved. In a family case, that might be parental responsibility, a timesharing schedule, child support, alimony, or equitable distribution. In a civil case, name the liability theory, the damages claimed, or both. Specificity helps the judge rule on the motion and gives the mediator somewhere to start.
Mediator Selection
Say whether you and the opposing party have agreed on a certified mediator, whether you want the court to appoint one, or whether you need more time to confer. If you have someone in mind, include the mediator’s name and certification number. You can verify certification through the Dispute Resolution Center at drc.flcourts.org. When the parties can’t agree, the chief judge of each circuit maintains a list of certified mediators registered for appointment, and the court selects one, often on a rotating basis.
Cost Allocation
Address how fees will be split. Section 44.102 contemplates costs “equitably divided between the parties,” and Family Law Rule 12.740 directs the court to “apportion mediation fees between the parties” and state each party’s share in the referral order. If the other side has a greater ability to pay, say so and point to the financial affidavits already on file. Rule 12.740 also bars the court from referring a family case to a fee-charging mediator unless both parties can afford it.
Signature and Certificate of Service
Sign the motion, or have your attorney sign it, and include a certificate of service stating the date and method you used to deliver a copy to the opposing party or their counsel.
Filing and Serving the Motion
File through the Florida Courts E-Filing Portal at myflcourtaccess.com. The portal takes PDF and Word formats. Pick the correct filing code for a motion so it routes to the right clerk and judge. The portal sends an automated confirmation that serves as proof of filing.
At the same time, serve a copy on every other party or their attorney. Florida Rule of Judicial Administration 2.516 requires email service for virtually all documents filed after the initial pleading. If the opposing party is registered for e-service, the portal delivers the copy automatically. Save the service confirmation. Without proof the other side received the motion, the court may disregard it or require you to refile.
What the Referral Order Does
Once the clerk processes the motion, it goes to the assigned judge. If the statutory criteria are met, particularly in a civil money-damages case where you’ve agreed to cover or split costs, the judge issues an Order of Referral to Mediation. The order names the mediator or directs the parties to pick one within a set number of days, allocates the fees, and sets a deadline for completing mediation.
Those deadlines vary by case type. In family cases, Rule 12.740 requires mediation to wrap up within 75 days of the first session unless the court extends it. In general civil cases, Rule 1.710 sets a 45-day window from the first conference, extendable by court order or stipulation. Local administrative orders may add their own timelines. The Fifth Circuit, for example, requires a notice of mediation within 30 days of the referral order.
Either party may file a motion to defer the referral within 15 days of the order if there is good reason to delay, such as incomplete discovery or a pending dispositive motion.
What Mediation Will Cost
The price depends on whether you use the court’s mediation program or hire a private mediator. For court-program mediation, Florida Statute 44.108 sets the fees:
- Family mediation with combined party income over $50,000 but under $100,000: $120 per person per scheduled session.
- Family mediation with combined income under $50,000: $60 per person per scheduled session.
- County court cases with an amount in controversy up to $15,000: $60 per person per scheduled session.
No mediation fees are assessed in residential eviction cases, against a party found indigent, or in small claims actions. If combined income exceeds $100,000, most circuits require the parties to hire a private mediator instead of using the court program.
Private mediators in Florida generally charge $200 to $500 per hour depending on experience, case complexity, and geography. If the parties haven’t agreed on a private mediator’s rate, the judge can set the hourly rate in the referral order and later review whether the fees charged were reasonable.
Who Has to Attend
In family mediation, a party “appears” only by being physically present at the session unless the parties agree otherwise. In civil cases, Rule 1.720 requires each party to have a representative with full settlement authority present. For a corporation or an insurer, that means someone who can actually agree to terms. Sending the wrong person creates a rebuttable presumption that the party failed to appear.
Remote attendance is possible under Rule of Judicial Administration 2.530, which authorizes audio-video technology for court proceedings. A party can file a written motion to appear remotely, and the opposing side has 10 days to object. For non-evidentiary proceedings scheduled for 30 minutes or less, the court must grant a remote-appearance request absent good cause to deny. Mediation sessions usually run longer, so approval is discretionary. Ask early and explain the circumstances.
Mediation can proceed without attorneys present if the mediator agrees and the parties consent, though in family cases the court can override that arrangement.
Once the referral is signed, both parties must participate in good faith. You don’t have to settle, and refusing the other side’s terms is not bad faith. What you can’t do is ignore the process, show up unprepared, or send someone without authority to negotiate. Skipping a properly noticed session triggers mandatory sanctions under Rule 1.720, which can include contempt, the mediator’s fees, and the other side’s attorney’s fees.
Domestic Violence Bar
If there is a history of domestic violence between the parties, the court cannot order mediation when a party raises the issue. Section 44.102(2)(c) states that upon motion or request of a party, the court “shall not refer any case to mediation if it finds there has been a history of domestic violence that would compromise the mediation process.” The word “shall” makes the exemption mandatory once the court makes that finding. To invoke it, file a separate motion or raise it in your response to the other party’s referral motion, and attach or reference any relevant protective orders, police reports, or sworn statements.
Agreement or Impasse
If the parties reach a full or partial agreement, the mediator reduces the terms to writing and the parties and any attorneys present sign at the session. In family cases, counsel who wasn’t present when the agreement was reached gets a mailed copy and has 10 days to file a written objection. Without a timely objection, the agreement is presumed binding. The mediator must report a signed agreement to the court within 10 days.
A mediation settlement agreement is not self-executing. To give it the force of a court order, file it with the clerk and ask the judge to incorporate it into a consent order or final judgment. In family cases involving children, file a Child Support Guidelines Worksheet if one isn’t already on record. The agreement alone does not transfer title to property; that requires a deed or a supplemental final judgment.
If mediation ends without an agreement, the mediator files a report noting the impasse and the case returns to the litigation track. No one can tell the judge what was discussed or offered during the session. You pick up where you left off: finish any remaining discovery, attend the pretrial conference, and prepare for trial.