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Fla. R. Civ. P. 1.700

Rules Common to Mediation and Arbitration

activein force · 2026-04-01 – presentact-effective-date

(a) Referral by Presiding Judge or by Stipulation. Except

as hereinafter provided or as otherwise prohibited by law, the

presiding judge may enter an order referring all or any part of a

contested civil matter to mediation or arbitration. The parties to any

contested civil matter may file a written stipulation to mediate or

arbitrate any issue between them at any time. The order of referral

or written stipulation may provide for mediation or arbitration to be

conducted in person, through the use of communication technology

as that term is defined in Florida Rule of General Practice and

Judicial Administration 2.530, or by 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.

(1) Conference or Hearing Date. Unless otherwise

ordered by the court, the first mediation conference or arbitration

hearing must be held within 60 days of the order of referral.

(2) Notice. Within 15 days after the designation of the

mediator or the arbitrator, the court or its designee, who may be the

mediator or the chief arbitrator, must notify the parties in writing of

the date, the time, and, as applicable, the place of the conference or

hearing and the instructions for access to communication

technology that will be used for the conference or hearing, unless

the order of referral, other order of the court or written stipulation

specifies this information.

(b) Motion to Dispense with Mediation and Arbitration. A

party may move, within 15 days after the order of referral, to

dispense with mediation or arbitration, if:

(1) the issue to be considered has been previously

mediated or arbitrated between the same parties pursuant to

Florida law;

(2) the issue presents a question of law only;

(3) the order violates rule 1.710(b) or rule 1.800; or

(4) other good cause is shown.

(c) Motion to Defer Mediation or Arbitration. Within 15

days of the order of referral, any party may file a motion with the

court to defer the proceeding. The movant shall set the motion to

defer for hearing prior to the scheduled date for mediation or

arbitration. Notice of the hearing shall be provided to all interested

parties, including any mediator or arbitrator who has been

appointed. The motion shall set forth, in detail, the facts and

circumstances supporting the motion. Mediation or arbitration shall

be tolled until disposition of the motion.

(d) Disqualification of a Mediator or Arbitrator. Any party

may move to enter an order disqualifying a mediator or an

arbitrator for good cause. If the court rules that a mediator or

arbitrator is disqualified from hearing a case, an order shall be

entered setting forth the name of a qualified replacement. Nothing

in this provision shall preclude mediators or arbitrators from

disqualifying themselves or refusing any assignment. The time for

mediation or arbitration shall be tolled during any periods in which

a motion to disqualify is pending.

Provenance

Source
floridabar.org
Retrieved
2026-09-14
Edition
2026-09-14
Content hash
364f3e479b31124fed0d54536f5707eea37d7714cfa2a5a75242fd101c81e28e
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