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, […]
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 […]
44.102 – Court-Ordered Mediation.
44.102 Court-ordered mediation.— (1) Court-ordered mediation shall be conducted according to rules of practice and procedure adopted by the Supreme Court. (2) A court, under rules adopted by the Supreme Court: (a) Must, upon request of one party, refer to mediation any filed civil action for monetary damages, provided the requesting party is willing and able to pay the […]
44.103 – Court-Ordered, Nonbinding Arbitration.
44.103 Court-ordered, nonbinding arbitration.— (1) Court-ordered, nonbinding arbitration shall be conducted according to the rules of practice and procedure adopted by the Supreme Court. (2) A court, pursuant to rules adopted by the Supreme Court, may refer any contested civil action filed in a circuit or county court to nonbinding arbitration. (3) Arbitrators shall be selected and compensated in […]