Fla. R. Civ. P. 1.700

Rules Common to Mediation and Arbitration

sha256 f91a83d8a9e8d616638749fabbb3d5c2… · retrieved 7/11/2026, 11:08:33 AM · The Florida Bar consolidated ed. eff. 04-01-2026 · verified 7/11/2026 by founder-directive-2026-07-11

RULE 1.700. 	RULES COMMON TO MEDIATION AND
ARBITRATION
(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.

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