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United States · Florida mediation and arbitration

When must a Florida party move to dispense with mediation or arbitration?

Rule 1.700(b) permits a party to move within fifteen days after the order of referral to dispense with mediation or arbitration. The party must establish one of the stated grounds. This differs from a motion to defer and does not expressly receive that motion’s automatic tolling.

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Period
Fifteen calendar days after the order of referral
Trigger
Actual entry of the applicable order referring this contested civil matter
Rule
Florida Rule of Civil Procedure 1.700(b)
Florida mediation, nonbinding arbitration and failure-to-prosecute procedures

Official civil compilation published October 1, 2026 and general practice compilation published July 1, 2026

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Which actual event starts this Florida civil period?

Preserve the entered referral order and identify the referred issue and parties.

Establish one Rule 1.700(b) ground and prepare the complete motion.

Complete filing, required service and applicable conferral separately.

Florida Rule of Civil Procedure 1.700(b)

How does Florida count this civil period?

  1. Preserve the entered referral order and identify the referred issue and parties.
  2. Rule 1.090(a) incorporates Rule 2.514(a). Exclude the established event. For seven days or longer, begin with the next day that is not Saturday, Sunday or a legal holiday. Count intermediate calendar days. For fewer than seven days, omit intermediate Saturdays, Sundays and legal holidays. Do not treat a seven-day period as seven business days.
  3. Check the observed statutory holidays, actual clerk calendar and chief-justice directions.
  4. Complete the required act with the proper court or recipient.

Apply the observed New Year’s Day, Martin Luther King Jr. birthday, Memorial Day, Independence Day, Labor Day, Veterans’ Day, Thanksgiving Day, Friday after Thanksgiving and Christmas Day holidays. Section 110.117 observes Saturday holidays on the preceding Friday and Sunday holidays on the following Monday. Rule 2.514 also includes clerk-observed holidays and days designated by the chief justice or chief judge. An ineligible final day moves in the counting direction. The bundled Florida calendar covers 2026 through 2028. Verify additional closures and chief-justice extensions separately.

Florida Rule of General Practice and Judicial Administration 2.514(a)

What do the independently derived facts show?

Fictitious example

Fictitious facts. An applicable referral order is entered and the party has an established paragraph (b) ground. The established event is August 2, 2027. No mail-only addition, further clerk closure or changed court period applies.

Example counting steps
StepWhat is countedDate
Established eventActual entry of the applicable order referring this contested civil matterAugust 2, 2027
Applicable periodFifteen calendar days after the order of referralTuesday, August 17, 2027
Example resultTuesday, August 17, 2027

Fictitious facts. Establish the stated procedure and actual event separately. No mail-only addition, further clerk holiday, tolling motion, chief-justice extension or different actual court order is assumed.

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Which Florida civil qualifications change the procedure?

Referral entry and later service are different events
Rule 1.700(a) permits a presiding judge’s referral order or a filed written stipulation for contested civil matters, subject to legal exclusions. The fifteen-day motion periods use the actual order of referral. Preserve the entered order and its terms; later service, mediator designation and the first session are separate events.
The motion requires a stated ground
The same issue must previously have been mediated or arbitrated between the same parties under Florida law, present only a question of law, involve a referral violating Rule 1.710(b) or 1.800, or have other good cause. The calculator establishes none of those facts.
The specific motion determines tolling
Rule 1.700(c) expressly tolls mediation or arbitration until disposition of the motion to defer. Paragraph (d) tolls the period while a motion to disqualify is pending. Paragraph (b) does not expressly give a motion to dispense that same automatic tolling. Read the actual motion, hearing and court disposition before treating the schedule as suspended.
A timely date does not complete the motion
Rule 1.100(b) requires the written grounds and relief except its stated hearing or trial procedure. Rule 1.202 requires applicable conferral and its certificate before a non-dispositive motion, subject to its express exemptions, including an unrepresented movant or nonmovant. Preserve the actual filing, prescribed service and hearing notice.
Florida Rule of Civil Procedure 1.700(b)
  • This page does not establish a valid referral, actual court setting, sufficient good cause, settlement authority or court enforcement.
  • Check the operative edition, actual notice, record activity, motions, interruptions, orders and additional closures.

What must be filed, served and preserved?

Questions about this Florida civil act

When must a Florida party move to dispense with mediation or arbitration?

Does any earlier mediation satisfy the first ground?

The rule requires the same issue and same parties under Florida law. Establish those actual facts.

Florida Rule of Civil Procedure 1.700(b)(1)

Does filing this motion automatically toll the referral?

Paragraph (b) does not expressly grant the tolling stated for deferral in paragraph (c). Read the actual court orders.

Florida Rule of Civil Procedure 1.700(b),(c)

Does later service of the order restart the fifteen days?

The motion period uses the order of referral. Later service does not replace actual entry in this scoped calculation.

Florida Rule of Civil Procedure 1.700(b)

Official Florida sources and review

Provisions used (11)
Provisions used in this guide
ProvisionPurpose
Florida Rule of Civil Procedure 1.700(b)The responsible actor, actual event and stated procedural period
Florida Rule of Civil Procedure 1.700(a)–(c)Referral entry and later service are different events
Florida Rule of Civil Procedure 1.700(b)(1)–(4)The motion requires a stated ground
Florida Rule of Civil Procedure 1.700(b)–(d)The specific motion determines tolling
Florida Rule of Civil Procedure 1.100(b),1.202(a)–(d)A timely date does not complete the motion
Florida Rule of Civil Procedure 1.080(a),(b)Applicable computation, filing, service and proof
Florida Rule of Civil Procedure 1.090(a),(b)Applicable computation, filing, service and proof
Florida Rule of General Practice and Judicial Administration 2.514(a)–(b)Applicable computation, filing, service and proof
Florida Rule of General Practice and Judicial Administration 2.516(b),(f)Applicable computation, filing, service and proof
Florida Rule of General Practice and Judicial Administration 2.525(b),(c),(e)Applicable computation, filing, service and proof
2026 Florida Statutes section 110.117(1)Observed statutory holidays and weekend substitutions
Read the current official Florida court rules

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