Florida Statute 44.1011 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title V
JUDICIAL BRANCH

Chapter 44
MEDIATION ALTERNATIVES TO JUDICIAL ACTION

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F.S. 44.1011

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 called a mediator acts to encourage and facilitate the resolution of a dispute between two or more parties. It is an informal and nonadversarial process with the objective of helping the disputing parties reach a mutually acceptable and voluntary agreement. In mediation, decisionmaking authority rests with the parties. The role of the mediator includes, but is not limited to, assisting the parties in identifying issues, fostering joint problem solving, and exploring settlement alternatives. “Mediation” includes:

(a) “Appellate court mediation,” which means mediation that occurs during the pendency of an appeal of a civil case.

(b) “Circuit court mediation,” which means mediation of civil cases, other than family matters, in circuit court. If a party is represented by counsel, the counsel of record must appear unless stipulated to by the parties or otherwise ordered by the court.

(c) “County court mediation,” which means mediation of civil cases within the jurisdiction of county courts, including small claims. Negotiations in county court mediation are primarily conducted by the parties. Counsel for each party may participate. However, presence of counsel is not required.

(d) “Dependency or in need of services mediation,” which means mediation of dependency, child in need of services, or family in need of services matters. Negotiations in dependency or in need of services mediation are primarily conducted by the parties. Counsel for each party may attend the mediation conference and privately communicate with their clients. However, presence of counsel is not required and, in the discretion of the mediator and with the agreement of the parties, mediation may proceed in the absence of counsel unless otherwise ordered by the court.

(e) “Family mediation” which means mediation of family matters, including married and unmarried persons, before and after judgments involving dissolution of marriage; property division; shared or sole parental responsibility; or child support, custody, and visitation involving emotional or financial considerations not usually present in other circuit civil cases. Negotiations in family mediation are primarily conducted by the parties. Counsel for each party may attend the mediation conference and privately communicate with their clients. However, presence of counsel is not required, and, in the discretion of the mediator, and with the agreement of the parties, mediation may proceed in the absence of counsel unless otherwise ordered by the court.

History.—s. 1, ch. 87-173; s. 1, ch. 90-188; s. 43, ch. 94-164; s. 54, ch. 95-280; s. 15, ch. 2023-8.

Note.—Former s. 44.301.

F.S. 44.1011 on Google Scholar

F.S. 44.1011 on Casetext

Amendments to 44.1011

Arrestable Offenses / Crimes under Fla. Stat. 44.1011

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 44.1011.

Annotations, Discussions, Cases:

Cases Citing Statute 44.1011

Total Results: 11

Comvest Imc Holdings v. Imc Group

Court: District Court of Appeal of Florida | Date Filed: 2019-05-01

Snippet: within the definition of “arbitration” in section 44.1011(1), Florida Statutes (2018): “a process whereby

Newcastle Shipyards, LLC v. C & N Yacht Refinishing, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2015-06-17

Citation: 166 So. 3d 939, 2015 Fla. App. LEXIS 9252, 2015 WL 3759768

Snippet: ’ substance controls over title.”); see also § 44.1011(1)-(2), Fla. Stat. (2010) (defining arbitration

Newcastel Shipyards, LLC, etc., Alpha Maritime Limited, etc., and Alley, Maas, Rogers & Lindsay, PA, etc.

Court: District Court of Appeal of Florida | Date Filed: 2015-06-17

Snippet: ’ substance controls over title.”); see also § 44.1011(1)-(2), Fla. Stat. (2010) (defining arbitration

Anheuser-Busch Companies, Inc. v. Staples

Court: District Court of Appeal of Florida | Date Filed: 2013-10-09

Citation: 125 So. 3d 309, 2013 WL 5567497, 2013 Fla. App. LEXIS 16026

Snippet: “de-cisionmaking authority rests with the parties.” § 44.1011, Fla. Stat. The mediator lacks authority to adjudicate

Crawford v. Barker

Court: Supreme Court of Florida | Date Filed: 2011-06-09

Citation: 64 So. 3d 1246, 36 Fla. L. Weekly Supp. 252, 2011 Fla. LEXIS 1280, 2011 WL 2224808

Snippet: to the formalistic rigors of litigation. See § 44.1011, Fla. Stat. (2010) (defining mediation as “an informal

Bland v. Green Acres Group, L.L.C.

Court: District Court of Appeal of Florida | Date Filed: 2009-05-27

Citation: 12 So. 3d 822, 2009 Fla. App. LEXIS 6048, 2009 WL 1456948

Snippet: American Heritage Dict. (3d ed.) 1120. See also § 44.1011, Fla, Stat. (2008) (providing that mediation is

Toiberman v. Tisera

Court: District Court of Appeal of Florida | Date Filed: 2008-10-08

Citation: 998 So. 2d 4

Snippet: and the Wife also provided in pertinent part: 44.1011 Definitions. As used in this chapter: . . .

Vitakis-Valchine v. Valchine

Court: District Court of Appeal of Florida | Date Filed: 2001-08-22

Citation: 793 So. 2d 1094, 2001 WL 953412

Snippet: resolution of their issues of conflict. See § 44.1011, Fla. Stat. (2000). Mandatory, court-ordered mediation

In Re Amendments to Fla. Rules for Mediators

Court: Supreme Court of Florida | Date Filed: 2000-02-03

Citation: 762 So. 2d 441, 2000 WL 124396

Snippet: the statutory term "neutral third person." See § 44.1011(2), Fla. Stat. (1999). He maintains that the Committee

Avril v. Civilmar

Court: District Court of Appeal of Florida | Date Filed: 1992-10-07

Citation: 605 So. 2d 988, 1992 WL 260952

Snippet: require that parties actually settle cases. Section 44.1011(2), Florida Statutes (1991), explains that mediation:

Proposed Standards of Professional Conduct for Certified & Court-Appointed Mediators

Court: Supreme Court of Florida | Date Filed: 1992-05-28

Citation: 604 So. 2d 764, 17 Fla. L. Weekly Supp. 315, 1992 Fla. LEXIS 1041, 1992 WL 110885

Snippet: (6) self determination. Statutory Reference § 44.1011, Fla.Stat. *766RULE 10.030 GENERAL STANDARDS AND