Fla. Fam. L. R. P. 12.741

RULE 12.741

MEDIATION RULES

(a) Discovery. Unless stipulated by the parties or ordered by

the court, the mediation process shall not suspend discovery.

(b) General Procedures.

(1) Interim or Emergency Relief. A party may apply to

the court for interim or emergency relief at any time. Mediation

shall continue while such a motion is pending absent a contrary

order of the court, or a decision of the mediator to adjourn pending

disposition of the motion. Time for completing mediation shall be

tolled during any periods when mediation is interrupted pending

resolution of such a motion.

(2) Sanctions. If a party fails to appear at a duly noticed

mediation conference without good cause, or knowingly and

willfully 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.

(3) Adjournments. The mediator may adjourn the

mediation conference at any time and may set times for reconvening

the adjourned conference. No further notification is required for

parties present at the adjourned conference.

(4) Counsel. Counsel shall be permitted to

communicate privately with their clients. The mediator shall at all

times be in control of the mediation and the procedures to be

followed in the mediation.

(5) Communication with Parties. The mediator may meet

and consult privately with any party or parties or their counsel.

(6) Appointment of the Mediator.

(A) Within 10 days of the order of referral, the

parties may agree upon a stipulation with the court designating:

-- 196 of 215 --

Family Law Rules of Procedure October 1, 2025 197

(i) a certified mediator, other than a senior

judge presiding over civil cases as a judge in that circuit; or

(ii) a mediator, other than a senior judge,

who is not certified as a mediator but who, in the opinion of the

parties and upon review by the pre-siding judge, is otherwise

qualified by training or experience to mediate all or some of the

issues in the particular case.

(B) If the parties cannot agree upon a mediator

within 10 days of the order of referral, the plaintiff or petitioner

shall so notify the court within 10 days of the expiration of the

period to agree on a mediator, and the court shall appoint a

certified mediator selected by rotation or by such other procedures

as may be adopted by administrative order of the chief judge in the

circuit in which the action is pending.

(C) If a mediator agreed upon by the parties or

appointed by a court cannot serve, a substitute mediator can be

agreed upon or appointed in the same manner as the original

mediator. A mediator shall not mediate a case assigned to another

mediator without the agreement of the parties or approval of the

court. A substitute mediator shall have the same qualifications as

the original mediator.

1995 Adoption. This rule combines and replaces Florida

Rules of Civil Procedure 1.710, 1.720, and 1.730. The rule, as

combined, is substantially similar to those three previous rules,

with the following exceptions. This rule deletes subdivisions (a) and

(b) of rule 1.710 and subdivisions (b) and (c) of rule 1.730. This rule

compliments Florida Family Law Rule of Procedure 12.740 by

providing direction regarding various procedures to be followed in

family law mediation proceedings.