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Order Referring Case to Mediation

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UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
DIVISION

Plaintiff(s),

Case No.

V.
Defendant(s).

MEDIATION REPORT

In accordance with the Court's mediation order(s), a mediation conference was held on

, and the results of that conference are indicated below:

(a) The following individuals, parties, corporate representatives, and/or claims professionals attended and participated in the mediation conference, and each possessed the requisite settlement authority:

All individual parties and their respective trial counsel.

Designated corporate representatives.

Required claims professionals.

(b) The following individuals, parties, corporate representatives, and/or claims professionals failed to appear and/or participate as ordered:

(c) The outcome of the mediation conference was:

The case has been completely settled. In accordance with Local Rule 9.06(b), lead counsel will promptly notify the Court of settlement in accordance with Local Rule 3.08 by the filing of a settlement agreement signed by the parties and the mediator within ten (10) days of the mediation conference.

The case has been partially resolved and lead counsel has been instructed to file a joint stipulation regarding those claims which have been resolved within ten (10) days. The following issues remain for this Court to resolve:

The conference was continued with the consent of all parties and counsel. The mediation conference will be held on a date certain not later than ten (10) days prior to the scheduled trial date. Any continuance beyond that time must be approved by the presiding Judge. Mediation Reports will be filed after additional conferences are complete.

The parties have reached an impasse.

Done this day of , in

Signature of Mediator

Name of Mediator

Mailing Address

City, State, and Zip Code

Telephone Number

c: Counsel of Record and
Unrepresented Parties

MEDIATION REPORT
(Attachment to Mediation Order) (Rev. 7/93)

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What an Order Referring Case to Mediation Is

An Order Referring Case to Mediation is a court-issued directive that sends a civil or family matter into a structured mediation process before further litigation. The order typically identifies the parties, the case number, the mediator or mediation provider, required deadlines for scheduling and reporting, and any confidentiality or settlement reporting requirements. Courts use referral orders to encourage settlement, reduce trial congestion, and document procedural steps the parties must follow. The order may reference local rules and the court's authority to refer disputes for alternative dispute resolution.

Why Courts and Parties Rely on a Formal Referral Order

A clear referral order sets expectations, creates enforceable deadlines, and preserves the court record of mediation activity. It reduces ambiguity about who schedules the mediator, what confidentiality applies, and when the court expects a status or settlement report.

Why Courts and Parties Rely on a Formal Referral Order

Who Prepares and Who Receives the Order Referring Case to Mediation

All recipients should review local court rules for any additional procedural steps, such as required forms for mediator selection, fee waivers, or proof-of-service formats.

  • Presiding Judge — issues the order and specifies mediation scope and deadlines.
  • Court Clerk — files the order, enters docket events, and serves parties as required.
  • Lead Counsel or Pro Se Party — receives the order, arranges mediator logistics, and files proof of compliance.

Primary Signatories and Responsible Officials

Presiding Judge

The judge or magistrate signs or enters the order on the docket. Their signature gives the order legal effect and sets enforceable dates and obligations for parties and counsel.

Court Clerk

The court clerk files and serves the order per local rules; the clerk’s docket entry and service certificate create the official record used to track compliance and trigger downstream deadlines.

Essential Elements to Include in a Professional Referral Order

A complete order clearly identifies parties, the mediator, deadlines, confidentiality rules, reporting requirements, and enforcement mechanisms. Including explicit instructions reduces disputes about compliance and streamlines administration.

Case Identification

Case number, court division, filing date, and full party names so the order is unambiguous on the docket and in filings.

Scope of Mediation

Whether mediation covers all claims, limited issues, or specific parties; clarifies what may be negotiated.

Mediator Details

Name, contact, selection method, or appointment process; include firm or neutral panel if applicable.

Scheduling Deadlines

Timeline to select a mediator, complete mediation, and file a report or status update with the court.

Confidentiality Terms

Reference statutory or rule-based confidentiality protections and whether settlement terms may be filed under seal.

Reporting and Sanctions

Required filings (status report, proof of mediation, notice of settlement) and consequences for failing to comply with the order.

Step-by-Step: Completing and Implementing the Referral Order

Follow these steps to prepare, serve, and record compliance with the mediation referral.

  • 01
    Prepare the Order: Draft the order with case details, mediator instructions, and deadlines.
  • 02
    Issue or Sign: Judge signs or the clerk enters the order on the docket.
  • 03
    Serve Parties: Serve the order to all counsel and pro se parties per local rules.
  • 04
    File Proof: After mediation, file the required status report or settlement notice with the clerk.

Customizing and Automating the Referral Order Workflow

Configure routing, authentication, and storage so the court and parties receive and retain the order and related filings correctly.

Field Configuration
Signer Authentication Email link, SMS code, or advanced ID verification
Routing Order Judge → Clerk → Counsel → Parties
Notifications Automatic email of entry, reminders before mediation deadline
Record Storage Upload final signed order to court case file and secure archive

Digital Signing and eSubmission Considerations

Use an eSignature provider that maintains a robust audit trail and meets legal standards for attribution and retention when filing electronic court records.

  • Supported Formats: PDF, DOCX, and printable HTML
  • Integrations: Connects with court case management and cloud storage
  • Authentication Levels: Email, SMS, KBA, and SSO options

Where to File and How the Order Travels

Typical routing moves from the judge’s entry to service on parties, scheduling with the mediator, then remote or in-person mediation, and final proof filed with the court.

  • Upload Order: Clerk uploads the signed order to the case docket
  • Serve Electronic Copies: Send to counsel and pro se parties per local rule
  • Schedule Mediation: Parties select mediation dates and confirm with mediator
  • File Status Report: Clerk receives and posts proof of mediation or settlement

Common Timelines and Deadlines in Referral Orders

Timelines vary by jurisdiction; local rules often set the scheduling window and reporting expectations that accompany a referral order.

Mediator Selection Deadline:

Commonly 14–30 days to select or confirm a mediator; local rule dependent

Complete Mediation By:

Often ordered within 30–90 days of referral; check local rules

File Status Report:

Typically 7–14 days after mediation to file compliance or outcome report

Request for Extension:

Motion timeline varies; courts usually require prompt good-cause showing

Sanction Trigger:

Failure to comply may prompt orders to show cause or sanctions proceedings

Key Milestones from Referral to Resolution

Track these sequential milestones to maintain compliance and avoid docket complications.

01

Order Issued

Court enters order and service obligations commence

02

Mediator Assigned

Mediator confirmed and scheduling window opens

03

Mediation Session

Parties attend mediation and attempt settlement

04

Report Filed

File proof of mediation outcome or compliance with the court

Required Security and Compliance Details

Encryption: TLS 1.2/1.3 in transit; AES-256 at rest
Audit Trail: Timestamps, IP address, signer actions recorded
HIPAA: BAA required for protected health information
ESIGN / UETA: Compliant for signature attribution and retention
Access Controls: Role-based permissions and SSO available
Retention: Tamper-evident storage with exportable audit logs

Common Mistakes When Preparing a Referral Order

  • Omitting the case number or using an incorrect docket entry which causes filing delays and misdirected service.
  • Failing to name the mediator or method for selection, leaving parties unsure who schedules or pays for mediation.
  • Neglecting to state explicit deadlines or the filing requirements for status reports, resulting in compliance disputes.
  • Using ambiguous confidentiality language that conflicts with local rules or statutory evidence protections.

Risks and Consequences of an Incomplete or Incorrect Order

Missed Deadlines: May trigger sanctions
Improper Service: Could void referral
Unauthorized Disclosure: Risks confidentiality breaches
Invalid Mediator: May require re-scheduling
Non-Compliance: Court may impose fines
Record Deficiencies: Complicates appeals or enforcement

Representative Use Cases for a Referral Order

These scenarios illustrate how courts and parties apply referral orders in practice.

Commercial Contract Dispute

Court refers breach-of-contract case to mediation to narrow issues and explore settlement

  • Parties agree to a private mediator under court supervision
  • The mediator files a confidential settlement report and the court enters dismissal terms once settlement is confirmed.

Family Law Matter

Judge orders mediation for parenting-time and asset division to reduce adversarial litigation

  • Court-appointed mediator meets statutory confidentiality obligations
  • Parties file a joint status report; unresolved issues are returned to the trial docket for hearing.

Tips for Accurate and Efficient Completion

Adopt consistent formatting and follow local rules to minimize clerical rejections and reduce follow-up motions.

Use Complete Case Identifiers
Include the full case number, party names, and division to ensure the clerk and automated systems match the order to the correct docket and related filings.
Specify Deadlines Clearly
State all dates in MM/DD/YYYY format and define whether deadlines refer to business days, calendar days, or court days to avoid disputes.
Designate a Contact
Name a court contact or case manager for scheduling questions so mediators and parties have a clear point of contact.
Preserve Confidentiality
Reference statutory or local confidentiality rules and instruct parties on when sealed filings are appropriate to protect mediation communications.

Frequently Asked Questions About Referral Orders

Answers to common procedural and technical questions when preparing, serving, or e-signing an order referring a case to mediation.


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