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, […]
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 […]
43.41 – Report of Judicial Disposition.
43.41 Report of judicial disposition.—Within 10 days after final judicial disposition of each traffic violation, including parking on a roadway outside the limits of a municipality, or other offense reported on the uniform traffic citation, as prescribed by s. 316.650, the clerk of the court in which the case was tried shall report the judicial disposition […]
43.42 – Judicial Acts Authorized on All Days, Including Sundays and Holidays.
43.42 Judicial acts authorized on all days, including Sundays and holidays.—Notwithstanding any law to the contrary, any judicial act may be taken or performed on any day of the week, including Sundays and holidays. History.—s. 147, ch. 2003-402.
43.43 – Terms of Courts.
43.43 Terms of courts.—The Supreme Court may establish terms of court for the Supreme Court, the district courts of appeal, and the circuit courts; may authorize district courts of appeal and circuit courts to establish their own terms of court; or may dispense with terms of court. History.—s. 9, ch. 2013-25.