Dispute Resolution Services

In mediation a neutral and impartial facilitator acts to assist the parties and encourage the resolution of a dispute. It is an informal and non-adversarial process with the objective of helping the parties reach a mutually acceptable agreement.

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Mediators

County Civil
There are 62 Ninth Circuit volunteer mediators - trained and certified by the Supreme Court after twenty (20) hours of training and a mentorship program. Training programs are offered for new mediators when needed. Currently there is a waiting list for volunteers. Applicants must come to DRS in the County in which they wish to serve and spend a morning observing mediations, submit an application, and interview with the department. Seven to nine mediators are scheduled on the mornings of pretrials. Mediators are required to complete 16 hours of continuing education every two years.
Meet the County Mediators.

The mediators are selected for citizenship and diversity in experience. Currently, we have retired or active doctors, lawyers, business owners, teachers, nurses, homemakers and military. No legal background is required. Applications and appointments may be requested at (407) 836-2004.

Family
We have 25 contract mediators and alternates. All are Supreme Court certified family mediators and have a minimum of a Masters Degree. Some are attorneys, psychologists and CPA's. When new mediators are needed, we advertise in the newspaper or each certified family mediator in the area who is on the Supreme Court rotation list is sent a letter requesting applications. The mediators are then selected by a committee of judges and court administration staff. If you wish to become certified in family mediation, you may contact one of the private organizations which provide mediation training. The Ninth Circuit does not offer formal training for family mediators.
Meet the Family Mediators.

Scheduling of Cases

County Civil
 Cases are usually set Tuesday, Wednesday and Thursday 8:15 am - 11:00 am in Orange County and Tuesday and Friday 8:15 am - 11:00 am in Osceola County.

County Cases above $5,000
When the plaintiff submits the notice for trial, the case may be sent to mediation by the Judge. The Mediation Specialist will fax an information sheet or try to call the party, if phone numbers and fax numbers were provided, coordinates a date and time, and types the order. The order is then sent to the judge for signature and copies are sent to the parties.

Small Claims
Cases are scheduled by the Clerk of the Court for pretrial by Summons/Notice to Appear. Parties appear in Room 130 of the Orange County Courthouse or Room 1400 of the Osceola County Courthouse. The Clerk of the Court checks the parties in and handles defaults, service, and other problems. When both parties have appeared, and no agreement has been filed, the case file is given to mediation and assigned to a mediator by rotation

Evictions: If a County Judge decides that a mediation is necessary prior to the trial, the file is sent to Mediation to set a time and date. Mediation will usually be set within one week of when the file is received, unless waived by the plaintiff. The Judge may order the defendant to deposit money into the registry by the day before the mediation. If the defendant is so ordered, and the entire amount of money is not deposited by that time, the mediation is canceled and neither party need appear. The plaintiff must file the appropriate paperwork with the clerk's office to proceed with the eviction.

Family Mediation
Either party in a contested family court case such as divorce, paternity, modification, child support, child support arrearage, child contact, and custody, must file a Form 50 by fax or mail to Dispute Resolution Services within 10 days after the filing of an answer.

A copy of the Form 50 must also be sent to the other party and to the Clerk of the Court. After 48 business hours from filing the form, either party may call to schedule the mediation and coordinate the date and time. If conferencing is available to the party, the initiating party should try to have the other party on the line when calling to schedule. An appropriate time and date will be selected from the Dispute Resolution Services' Mediation Schedule, if possible with both parties on the phone. If we are unable to reach a party, the date and time will be set and an order will be sent to the parties.

Fax the form to (407) 836-2367 or bring it to: 1) Orange County Courthouse, 425 N. Orange Avenue; or 2) Osceola County Courthouse, 2 Courthouse Square, Room 1400, Kissimmee, FL 34741

Rescheduling and Cancelling Mediations

Reset
If a party wants to change the date and time of a mediation already scheduled, the options are:

  • 1. Motion and Order by the Judge
  • 2. Stipulation by the parties with a new date and time coordinated with mediation.

Note
In family mediations there is no charge if we receive the order signed by the judge or stipulation signed by both parties five (5) business days prior to the mediation. If less than five (5) full business days notice, the full mediation fee will be charged to the party requesting the reset.

Cancellation
 If a party wants to cancel the mediation already scheduled, the options are:

  • 1. Motion and Order by the Judge
  • 2. Receipt of a copy of the signed Stipulation of the parties settling all issues.

Note
In Family Mediations there is no charge for canceling a mediation if DRS receives the order or stipulation as above five (5) business prior to the scheduled mediation.

Appearances at Mediation

Small Claims Cases
The Office of the Clerk of the Court schedules pretrial/mediations by Summons/Notice to Appear and parties are noticed to appear in:

  • Orange County Courthouse - Room 130
  • Osceola County Courthouse - Room 1400

The clerk records appearances and handles defaults, service, and other problems. If both parties appear and if they have not resolved their case, the file is sent to Dispute Resolution Services.

County Cases above $5,000
 Each and every named party, or if not a natural person - a representative of the business, must appear. If represented by counsel, the attorney must also appear. For any insured party, a representative of the insurance carrier must also attend. Representatives of corporations must have full settlement authority.

  • Orange County Courthouse - Room 120
  • Osceola County Courthouse - Room 1400

Family Cases
All named parties must appear unless excused by a judge. Attorneys may waive appearance if parties agree.

  • Orange County Courthouse - Room 120
  • Osceola County Courthouse - Room 1400

Fees

  • Small Claims Mediation: There is no charge
  • County Cases above Small Claims: There is a forty dollar ($40.00) charge per party.
  • Evictions: There is no charge for mediation in eviction cases.
  • Family: The State mandated fees for each party in a family mediation are as follows:
  • If the combined gross income of the two parties is less than $50,000, the fee shall be $40.00 per party for up to one 2 1/2 hour session.
  • If the combined gross income of the two parties is less than $100,000, but more than $50,000, the fee shall be $80.00 per party for up to one 2 1/2 hour session.
  • If the combined gross income of the parties exceeds $100,000 the parties may select a private mediator, or the court can provide a rotation list of mediators from which you can make a selection. If the parties are unable to agree on a mediator, the court will appoint one by rotation from the list.
  • If the court has certified a party as indigent, there is no fee for that party.
  • Fees must be paid prior to the mediation.

Mediation Process

Definition
The mediator is an impartial facilitator in the confidential process. The mediator attempts to help the parties resolve the issues before trial.

Settlements
If the case is resolved, the mediator assists in preparing the document, which is submitted to the court. In family cases this agreement must be approved by the court.

Continuations
 Approximately 10% of the cases are continued for another mediation due to lack of information or time for consideration. The parties sign an agreement to return to the process on another date and time.

No Agreement
 If the parties are unable to resolve the issues:

  • County Civil: A trial will be set by the clerk or the judicial assistant.
  • Family: Unrepresented parties on dissolution actions will be notified by Family Services of the trial date. All other unrepresented parties and represented parties will schedule their trial date as instructed in their packets.

Attendance of Non-Parties
 At the mediation the mediator and all other named parties must agree to allow any non-party, who is not the attorney of record or the insurance representative to attend the mediation.

Telephonic Appearance
 A party may appear by telephone by judicial order or by stipulation with all other party(ies), if out of the state or for other good cause. If so granted, the party must call the mediation office at the appropriate contact number at the scheduled time and will be transferred to a speaker phone in the assigned mediation room. The party must have a fax machine available to them unless waived by the court.

Mentorship Program

The Orange County Mediation Office provides assistance to family and county civil mediators required to complete observations and/or co-mediations to be certified by the Supreme Court.

County Civil Mediators
 County mediators are required to complete four observations and four co-mediations to become certified. Please call and schedule any Tuesday, Wednesday or Thursday morning.

Family Mediators
Family Mediators are required to observe two mediations and co-mediate two mediations. Our office can provide observations only. If you are unable to get family mediators to co-mediate with you, the Supreme Court allows an additional four observations to substitute for the two required co-mediations.

All Other Certifications
 We cannont assist circuit or dependency mediators as we currently do not have programs.

How do I File Small Claims?

Small Claims cases are filed in cases for which the amount sought does not exceed $5,000. For assistance in filing a case, you may telephone 407-836-2065 or go to Room 310 of the Orange County Courthouse, 425 N. Orange Avenue. For Internet information about Small Claims Court you may go to http://smallclaims.homestead.com.

Hours of Service

Office Hours
Monday through Friday, 7:30am - 5:00pm
Phone Service
 Monday through Friday, 8:00am - 12:00pm & 1:00pm - 4:00pm

Location and Contact Information

Mediation Service

Orange County

Osceola County

County Civil
Family Mediation

425 N. Orange Ave St 120
Orlando, Fl 32801
Map and directions

Phone: (407) 836-2004
Fax: (407) 836-2367

2 Courthouse Square Rm 1400
Kissimmee, Fl 34741
Map and directions

Phone: (407) 742-2451
Fax: (407) 742-2444

Juvenile Dependency

2000 E Michigan Ave
Orlando, Fl 32806
Map and directions

Phone: (407) 836-2004
Fax: (407) 836-2367

2 Courthouse Square, 6th Fl
Kissimmee, Fl 34741
Map and directions

Phone: (407) 742-2451
Fax: (407) 742-2444

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