Fla. Fam. L. R. P. 12.740

RULE 12.740

FAMILY MEDIATION

(a) Applicability. This rule governs mediation of family

matters and related issues.

(b) Referral. Except as provided by law and this rule, all

contested family matters and issues may be referred to mediation.

Every effort must be made to expedite mediation of family issues.

The referral, or written stipulation of the parties, may provide for

mediation or arbitration in person, remotely via audio or audio-

video communication technology, or a combination thereof. Absent

direction in the order of referral, mediation or arbitration must be

conducted in person, unless the parties stipulate or the court, on

its own motion or on motion by a party, otherwise orders that the

proceeding be conducted by communication technology or by a

combination of communication technology and in-person

participation.

(c) Limitations on Referral to Mediation.

(1) Parties must advise the court if there is an

injunction for domestic violence or a conviction of a crime of

domestic violence between the parties, or if the court finds there

has been a history of violence between the parties that would

compromise the mediation process. In those cases, the court may in

its discretion, waive mediation entirely or enter appropriate orders

to protect the mediation process and the parties’ safety.

(2) The following actions may not be referred to

mediation absent a finding of good cause by the court or consent of

the parties:

(A) Title IV-D;

(B) post-judgment contempt and

enforcement; and

-- 193 of 215 --

Family Law Rules of Procedure October 1, 2025 194

(C) extensions or modifications of injunctions

between the parties.

(3) Unless otherwise agreed by the parties, family

matters and issues may be referred to a mediator or mediation

program which charges a fee only after the court has determined

that the parties have the financial ability to pay a fee. This

determination may be based on the parties’ financial affidavits or

other financial information available to the court. When the

mediator’s fee is not established under section 44.108, Florida

Statutes, or when there is no written agreement providing for the

mediator’s compensation, the mediator must be compensated at an

hourly rate set by the presiding judge in the referral order. The

presiding judge may also determine the reasonableness of the fees

charged by the mediator. When appropriate, the court may

apportion mediation fees between the parties and state each party’s

share in the order of referral. Parties may object to the rate of the

mediator’s compensation within 15 days of the order of referral by

serving an objection on all other parties and the mediator.

(d) Appearances. A party is deemed to appear if the named

party is physically present at the mediation conference or, if

permitted by court order or written stipulation of the parties,

present via communication technology. In the discretion of the

mediator and with the agreement of the parties, family mediation

may proceed in the absence of counsel unless otherwise ordered by

the court.

(e) Completion of Mediation. Mediation must be completed

within 75 days of the first mediation conference unless otherwise

ordered by the court.

(f) Report on Mediation.

(1) If agreement is reached as to any matter or issue,

including legal or factual issues to be determined by the court, the

agreement must be reduced to writing, signed by the parties, and

submitted to the court unless the parties agree otherwise. By

-- 194 of 215 --

Family Law Rules of Procedure October 1, 2025 195

stipulation of the parties, the agreement may be electronically or

stenographically recorded and made under oath or affirmed. In that

event, an appropriately signed transcript may be filed with the

court. Signatures may be original, electronic, or facsimile, and may

be in counterparts.

(2) After the agreement is filed, the court must take

action as required by law. When court approval is not necessary,

the agreement becomes binding on filing. When court approval is

necessary, the agreement becomes binding on approval. In either

event, the agreement must be made part of the final judgment or

order in the case.

(3) If the parties do not reach an agreement as to

any matter as a result of mediation, the mediator must report the

lack of an agreement to the court without comment or

recommendation. With the consent of the parties, the mediator’s

report may also identify any pending motions or outstanding legal

issues, discovery process, or other action by any party which, if

resolved or completed, would facilitate the possibility of a

settlement.

1995 Adoption. This rule is similar to former Florida Rule of

Civil Procedure 1.740. All provisions concerning the compensation

of the mediator have been incorporated into this rule so that all

mediator compensation provisions are contained in one rule.

Additionally, this rule clarifies language regarding the filing of

transcripts, the mediator’s responsibility for mailing a copy of the

agreement to counsel, and counsel’s filing of written objections to

mediation agreements.

2022 Amendment. The phrase “audio or audio-video

communication technology” is added to the rule to make the rule

consistent with amendments to the Rules of General Practice and

Judicial Administration.

-- 195 of 215 --

Family Law Rules of Procedure October 1, 2025 196