Attorneys who regularly litigate civil and family cases in Florida’s state courts will be familiar with mediation. Florida Rule of Civil Procedure 1.700(a) allows a presiding trial court judge to refer “all or any part of a contested civil matter to mediation or arbitration.” Florida Family Law Rule of Procedure 12.740(b) contains a similar provision. But attorneys might be surprised to know that, should they find themselves in one of Florida’s six District Courts of Appeal (DCAs), their appeal could also be ordered to mediation in a similar manner as in the trial court.
The possibility that the court might order the parties to participate in appellate mediation depends on which DCA is handling the appeal. The First DCA previously had a mediation program but abolished it at the beginning of 2002. The Second and Fourth DCAs do not currently have appellate mediation programs. Of course, nothing prevents the parties from conducting appellate mediation voluntarily if the appeal is pending in one of those appellate courts.
