Differentiated case management (DCM) is not a new concept; however, recent changes in Florida law have profoundly affected the need to apply the concept and in turn has expanded the need for the use of alternative dispute resolution (ADR) in civil cases in Florida. The changes began during the COVID-19 lockdown with the Florida Supreme Court’s administrative order designed to aid the courts in dealing with the backlog of cases caused by the lockdown and included recommendations from a workgroup which had been created to address the issues.
Since that administrative order mandating DCM, there have been more changes, including the tort reform statutes that became effective in March 2023 and new rules of court adopted by the Florida Supreme Court. In January, additional guidelines for judges codified in the Florida Rules of Judicial Administration and General Practice along with related reporting requirements will become effective and further impact the timetable to resolve cases. Here’s a closer look at how this is affecting the courts in Florida, and the attorneys who practice here.