44.401 – Mediation Confidentiality and Privilege Act.
44.401 Mediation Confidentiality and Privilege Act.—Sections 44.401-44.406 may be known by the popular name the “Mediation Confidentiality and Privilege Act.” History.—s. 4, ch. 2004-291.
44.402 – Scope.
44.402 Scope.— (1) Except as otherwise provided, ss. 44.401-44.406 apply to any mediation: (a) Required by statute, court rule, agency rule or order, oral or written case-specific court order, or court administrative order; (b) Conducted under ss. 44.401-44.406 by express agreement of the mediation parties; or (c) Facilitated by a mediator certified by the Supreme Court, unless the mediation parties […]
44.403 – Mediation Confidentiality and Privilege Act; Definitions.
44.403 Mediation Confidentiality and Privilege Act; definitions.—As used in ss. 44.401-44.406, the term: (1) “Mediation communication” means an oral or written statement, or nonverbal conduct intended to make an assertion, by or to a mediation participant made during the course of a mediation, or prior to mediation if made in furtherance of a mediation. The commission of […]
44.404 – Mediation; Duration.
44.404 Mediation; duration.— (1) A court-ordered mediation begins when an order is issued by the court and ends when: (a) A partial or complete settlement agreement, intended to resolve the dispute and end the mediation, is signed by the parties and, if required by law, approved by the court; (b) The mediator declares an impasse by reporting to the […]
44.405 – Confidentiality; Privilege; Exceptions.
44.405 Confidentiality; privilege; exceptions.— (1) Except as provided in this section, all mediation communications shall be confidential. A mediation participant shall not disclose a mediation communication to a person other than another mediation participant or a participant’s counsel. A violation of this section may be remedied as provided by s. 44.406. If the mediation is court ordered, […]
44.406 – Confidentiality; Civil Remedies.
44.406 Confidentiality; civil remedies.— (1) Any mediation participant who knowingly and willfully discloses a mediation communication in violation of s. 44.405 shall, upon application by any party to a court of competent jurisdiction, be subject to remedies, including: (a) Equitable relief. (b) Compensatory damages. (c) Attorney’s fees, mediator’s fees, and costs incurred in the mediation proceeding. (d) Reasonable attorney’s fees and […]
44.407 – Elder-Focused Dispute Resolution Process.
44.407 Elder-focused dispute resolution process.— (1) LEGISLATIVE FINDINGS.—The Legislature finds that: (a) Denying an elder a voice in decisions regarding himself or herself may negatively affect the elder’s health and well-being, as well as deprive the elder of his or her legal rights. Even if an elder is losing capacity to make major decisions for himself or herself, […]
43.20 – Judicial Qualifications Commission.
43.20 Judicial Qualifications Commission.— (1) PURPOSE.—The purpose of this section is to implement s. 12(b), Art. V of the State Constitution which provides for a Judicial Qualifications Commission. (2) MEMBERSHIP; TERMS.—The commission shall consist of 15 members. The members of the commission shall serve for terms of 6 years. (3) VACANCIES.—An appointment to fill a vacancy shall be for […]
44.108 – Funding of Mediation and Arbitration.
44.108 Funding of mediation and arbitration.— (1) Mediation and arbitration should be accessible to all parties regardless of financial status. A filing fee of $1 is levied on all proceedings in the circuit or county courts to fund mediation and arbitration services which are the responsibility of the Supreme Court pursuant to the provisions of s. 44.106. […]
43.26 – Chief Judge of Circuit; Selection; Powers.
43.26 Chief judge of circuit; selection; powers.— (1) The chief judge of each judicial circuit, who shall be a circuit judge, shall exercise administrative supervision over all the trial courts within the judicial circuit and over the judges and other officers of such courts. (2) The chief judge of the circuit shall have the power: (a) To assign judges […]