USA – FLORIDA Law and Practice Contributed by: Elisha D. Roy, Sasser, Cestero & Roy
2.9 Alternative Dispute Resolution (ADR) ADR is highly favoured in Florida, and in most jurisdictions across the state there are local Administrative Orders in place requiring media - tion to occur before any matter is brought before a judge for resolution. The primary ADR method used in financial cases in Florida is mediation. Mediation is a method of non-binding dispute resolution involving a neu - tral third party who tries to help the disputing parties reach a mutually agreeable solution. The mediation process is governed by Chapter 44 of the Florida Statutes and Florida Family Law Rules of Procedure 12.740 and 12.741. Most cases in Florida go to mediation, at least once. Mediation is generally done with a Supreme Court Certified mediator agreed upon by the par - ties, but the courthouse in many areas does offer sliding scale mediations for lower cost. Since the COVID-19 pandemic, many mediations are done by Zoom, but in-person mediations are begin - ning to resume. Parties are expected to appear for mediation and govern themselves accordingly. An agreement resolving financial issues, not related to minor children (ie, child support), reached through the mediation process is binding and enforceable Arbitration is a process whereby a neutral third person or panel, called an arbitrator or arbitra - tion panel, considers the facts and arguments presented by the parties and renders a deci - sion which may be binding or non-binding. § 44.1011(1), Fla. Stat. Binding arbitration means that the decision rendered during arbitration is binding on the parties and the court. Arbitration in family law matters is governed by Chapter 44 upon the parties’ execution. Voluntary Binding Arbitration
the filings in family law cases in Florida are avail - able online and anyone can go directly to the courthouse and request to review cases and see pleadings and documents filed in the court file. Other than juvenile dependency cases, all family law cases are open to the public. There are Rules of General Practice and Judi - cial Administration (RGPJA) that protect some of the material that may be filed in the court. This includes account information; children’s names, addresses and social security numbers; social security numbers of the parties, etc. In addition, allegations that might stem from dependency can be held confidential. All of this is governed by RGPJA 2.420 and 2.425 and requires a prop - er filing with the clerk’s office to ensure redac - tions occur on the files. Parties can also agree to Confidentiality Orders protecting items from being filed in the court file and only being shared between parties, but, for example, the Financial Affidavit that is required to be filed in most cases filed in Florida cannot be waived, sealed or kept out of the court file. RGPJA 2.420 also provides a mechanism where - by someone can request a file be sealed and/or held confidential or portions of a file be held con - fidential; however, a very detailed order must be entered upon findings for this step to be taken and, ironically, the order sealing the records and explaining why they are being sealed must be published in a public area, both on the clerk’s website and in the clerk’s office for a period not less than 30 days. This requirement can have an unintended consequence: it may draw more attention to the file and the confidential records than if nothing had been done to seal them in the first place.
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