61.183

Mediation of certain contested issues.

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61.183 Mediation of certain contested issues.—

(1) In any proceeding in which the issues of parental responsibility, primary residence, access to, visitation with, or support of a child are contested, the court may refer the parties to mediation in accordance with rules promulgated by the Supreme Court. In Title IV-D cases, any costs, including filing fees, recording fees, mediation costs, service of process fees, and other expenses incurred by the clerk of the circuit court, shall be assessed only against the nonprevailing obligor after the court makes a determination of the nonprevailing obligor’s ability to pay such costs and fees.

(2) If an agreement is reached by the parties on the contested issues, a consent order incorporating the agreement shall be prepared by the mediator and submitted to the parties and their attorneys for review. Upon approval by the parties, the consent order shall be reviewed by the court and, if approved, entered. Thereafter, the consent order may be enforced in the same manner as any other court order.

(3) Any information from the files, reports, case summaries, mediator’s notes, or other communications or materials relating to a mediation proceeding pursuant to this section obtained by any person performing mediation duties is exempt from the provisions of s. 119.07(1).

History.—s. 128, ch. 86-220; s. 4, ch. 89-183; s. 17, ch. 90-360; s. 10, ch. 92-138; s. 20, ch. 96-406; s. 5, ch. 2004-291; s. 5, ch. 2009-180.

Notes of Decisions

Cited in 2 cases, 1986–1995 · leading case: Singer v. Singer

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Singer v. Singer (1995) fladistctapp · cites it 2× “[3] This appeal does not address potential questions of privileged communication in mediation negotiations under section 61.183, Florida Statutes, or of the parties' alleged waiver of confidentiality by signing the agreement.”

Anderson v. Anderson (1986) fladistctapp · cites it 2× “This case is a perfect example of why the legislature in the closing hours of its session in June 1986 adopted enlightened legislation by the creation of section 61.183, Florida Statutes (1986), which provides: 61.”

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