关于美国存托凭证 & 中介
Alternative dispute resolution (ADR) has been utilized by the Florida Court System to resolve disputes for over 30 years, starting with the creation of the first citizen dispute settlement (CDS) center in Dade County in 1975. ADR processes offer litigants court-connected opportunities to resolve their disputes without judicial intervention. 在佛罗里达, this has resulted in one of the most comprehensive court-connected mediation programs in the country. The Florida Dispute Resolution Center (DRC) was created during the mid 1980’s to provide assistance to the courts in developing ADR programs and to conduct education and research on ADR in general.
1月1日, 1988, 对第44章的全面修订, 佛罗里达的律例, 题为“司法诉讼之外的调解选择”,被执行. This 1987 legislation granted civil trial judges the statutory authority to refer cases to mediation or arbitration, subject to 规则 and procedures established by the 佛罗里达州最高法院. 从那时起, the statute has been revised several times and procedural 规则, 认证资格证书, 道德标准, 申诉程序, 训练标准, and continuing education requirements for mediators have been implemented.
The Florida State Court System consists of 20 judicial circuits that encompass Florida’s 67 counties. Prior to July 2004, ADR programs in Florida were funded by the counties. This resulted in great variations of ADR services across the state. 一般, single county circuits provided litigants with access to a wide variety of ADR programs; while in multi-county circuits, 有些地方提供ADR服务, but not all of the counties; thereby leaving some counties with no services. 在7月1日实施的宪法修正案中, 2004, the funding for the state court system became the responsibility of the state. The goal was for litigants to have generally uniform access to “essential” services regardless of where they live in the state. Included among those “essential” services are court-connected mediation and arbitration.
佛罗里达州最高法院, 通过刚果民主共和国, offers certification for mediators in the areas of county court, 家庭, 巡回法院, 抚养和上诉案件. In most cases, parties select the mediator of their own choice. 然而, certified mediators may receive appointments from the court when the litigants are unable to select their own mediator. Certified mediators and those individuals who are not certified but who mediate court-ordered cases are bound by the 道德标准 contained in the Florida Rules for Certified and Court-Appointed Mediators
. Mediators renew their certification every two years and must complete 16 hours of continuing mediator education applicable to each area of certification. The Supreme Court does not certify arbitrators; however, 法院指定的仲裁员受《 佛罗里达州法院指定仲裁员规则.
As of February 2023, there were 5,962 individuals certified as mediators. 按证书分类如下:
- 2177名持证县调解员
- 2313名持证家事调解员
- 3441名经过认证的电路调解员
- 215个认证的依赖调解员
- 423名注册上诉调解员
In an effort to keep pace with this rapidly evolving field, the 佛罗里达州最高法院 has created five standing ADR Committees/Boards. 所有委员会/董事会均由DRC配备人员:
- The Florida Supreme Court Committee on 其他争议解决方式 Rules & 政策(ADR R)&P) is charged with monitoring and making recommendations to improve and expand the use of court-connected ADR (not limited to mediation) through the recommendation of the adoption of statutes, 规则, 政策, 和程序;
- The Mediator Ethics Advisory Committee (MEAC) issues formal advisory ethics opinions to certified and court-appointed mediators. These opinions are posted on the DRC website for use by mediators as well as courts, 律师和公众;
- The Mediator Qualifications and Discipline Review Board (MQDRB) is responsible for hearing grievances filed against certified mediators for violations of the 道德标准 and reviewing mediator good moral character issues;
- The 中介 Training Review Board (MTRB) reviews complaints against certified mediation training programs and training program principals;
- The Parenting Coordinator Review Board (PCRB) was appointed in 2016 to consider complaints against Qualified and Court-Appointed Parenting Coordinators. The twenty members include judges, attorneys and parenting coordinators from across the state.
In addition to the state court-ordered mediation and arbitration cases, there are a variety of other ADR programs operating successfully. Summary jury trials are utilized on an ad hoc basis in some circuits and the federal courts utilize both mediation and arbitration. There are numerous state ADR statutes and successful ADR programs through the Department of Insurance, the Division of Mobile 首页s of the Department of Business and Professional Regulation, and the Workers Compensation Division of the Department of Labor and 就业 Security, 仅举几个例子.
联系
For additional information please contact The Dispute Resolution Center at 850-921-2910 or at DRCMail@mabaproject.com.