In mediation, a trained intermediary assists parties to a dispute in reaching agreement. Courts often refer cases to mediation in order to assist the parties and to relieve docket congestion. In 2005, family court references in the statutes were changed to references to the unified family court model; however, mediation law was not correspondingly changed.
Mediation is a type of alternative dispute resolution used to resolve legal conflict between parties. Family law is one area where mediation has been widely used by the courts to assist parties in reaching agreement prior to trial. In mediation, parties involved in a dispute meet to work out their differences with the help of a mediator. The mediator assists and guides the parties toward their own solution by helping them to define the important issues and understand each other's interests. The mediator focuses each side on the crucial factors necessary for settlement and on the consequences of not settling. The mediator does not decide the outcome of the case and cannot compel the parties to settle.
In 2005, the Florida Legislature passed SB 348, which in part created s. 25.375, F.S. Section 25.375, F.S., authorizes the Supreme Court to adopt a unified family court model. The unified family court model utilizes a unified system of judicial case coordination in the state to identify cases relating to individuals and families. Individuals and families are assigned to a single circuit court judge that handles all of their cases dealing with family law matters. This model alleviates the problem of having different judges presiding over one family's various family law cases. The purpose is to reduce confusion and avoid conflicting court orders. The act creating the unified family court system did not make corresponding changes to related statutes pertaining to mediation.
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