1IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT,

IN AND FOR MARTIN COUNTY, FLORIDA

IN RE: The Marriage of:

CASE NO.:

,
Petitioner/Wife,
And
,
Respondent/Husband.
_____________________________/
ORDER APPOINTING MEDIATOR
The Court appoints PETER T. GIANINO, ESQUIRE, as the Courts Family Mediator
to attempt to achieve a full settlement of the issues in this case.
1.

A mediation conference shall be held

Date:
________________________
Location:
Law Offices of Grazi & Gianino, LLP
217 E. Ocean Boulevard
Stuart, FL 34994
Time:

2.

From ________ am/pm to _________ am/pm

The Petitioners attorney shall work with the Mediator to coordinate the mediation

conference. In the event it becomes impossible for an attorney to attend the scheduled mediation
conference, coordination for rescheduling may be done through the lead attorney and the
Mediator.
3.

The appearance of counsel representing each client is mandatory. The

participants shall be prepared to spend as much time as necessary to settle the case, or until an
impasse is declared by the Mediator.
4.

Mediation shall be conducted in accordance with Chapter 44 of the Florida

Statutes and the rules promulgated by the Supreme Court of Florida.

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5.

The parties may present a brief written summary of the facts and issues to the

Mediator before the conference.

6.

The parties are required to exchange the following documents prior to the

mediation conference and bring copies with them to the conference:

A.

A sworn Financial Affidavit including income, expenses, assets and

liabilities in accordance with the form approved by the Court;

B.

Federal income tax returns for the last three years;

C.

Any unprivileged reports, or reports of any professionals who may be used

as expert witnesses in the case, in regard to the issues of child custody and testing or evaluation
of the children of the parties, or the parties themselves.
7.

All discussions, representations and statement made at the Mediation Conference

shall be privileged as settlement negotiations and nothing related to the conference shall be
admitted at trial or subject to discovery.
8.

The Mediator shall be compensated at the rate of $300.00 per hour. Unless

otherwise agreed between the parties and the Mediator, each party shall bring a check in the
amount of $300.00 to the mediation conference to pay for the initial two-hour session.
A.

The Mediator does not charge for travel, unless the Mediator is required to

drive more than two (2) hours, or purchase airline tickets, to the mediation location.
B.

Written notice to the Mediator of any change or cancellation of the

scheduled mediation conference must be given at least 48 hours prior to said conference. Failure
to do so shall result in the imposition of the two (2) hour minimum fee paid by the canceling
party to the Mediator, unless the Court orders otherwise for exceptional circumstances beyond
the parties' control or the Mediator agrees to waive same.
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9.

If at any time the Mediator concludes that this matter cannot be successfully

mediated, the Mediator shall terminate mediation and file a report with the Court without
comment or recommendation. With the consent of the parties, the Mediators report may also
contain information set forth in Rule 1.730(a), Florida Rules of Civil Procedure, which might
facilitate a settlement.
10.

The Mediator shall not testify or otherwise disclose any statements, occurrences,

or observations arising out of the mediation conference except by express agreement of the
parties. This agreement shall not apply to litigation to enforce any agreement reached by the
parties in the course of the mediation wherein the existence, meaning, or content of such
agreement is at issue.
11.

In the event any party desires to continue the mediation conference, that party

shall coordinate the new date and time with the opposing party and the Mediator, and a
Stipulated Amended Order Scheduling Mediation shall be prepared by the party seeking the
continuance and shall be supplied to the Court for execution.
DONE AND ORDERED in Chambers at Stuart, Martin County, Florida, this ___ day of ,
2016.
_____________________________
Laurie E. Buchanan
Circuit Judge

Copies to:
[name] Attorney for Wife
[address]
Email:

[name], Attorney for Husband

[address]
Email:

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Peter T. Gianino, Esquire, Mediator

217 E. Ocean Boulevard
Stuart, FL 34994
Telephone: 772 286 0200

Email: gglawyersann@gmail.com
Email 2: pgianino@gglawyers.com
Florida Bar No.: 327492

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