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 […]
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 […]
43.44 – Mandate of an Appeals Court.
43.44 Mandate of an appeals court.—An appellate court may, as the circumstances and justice of the case may require, reconsider, revise, reform, or modify its own opinions and orders for the purpose of making the same accord with law and justice. Accordingly, an appellate court may recall its own mandate for the purpose of allowing it […]
43.51 – Problem-Solving Court Reports.
43.51 Problem-solving court reports.— (1) The Office of the State Courts Administrator shall provide an annual report to the President of the Senate and the Speaker of the House of Representatives which details the number of participants in each problem-solving court for each fiscal year the court has been operating and the types of services provided, identifies […]
44.1011 – Definitions.
44.1011 Definitions.—As used in this chapter: (1) “Arbitration” means a process whereby a neutral third person or panel, called an arbitrator or arbitration panel, considers the facts and arguments presented by the parties and renders a decision which may be binding or nonbinding as provided in this chapter. (2) “Mediation” means a process whereby a neutral third person […]