Florida Statutes

Fla. Stat. § 44.1011 (2025)

Definitions.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 12 cases (1 in the last 5 years), 1992–2025 · leading case: Crawford v. Barker, 64 So. 3d 1246 (Fla. 2011).

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Crawford v. Barker, 64 So. 3d 1246 (Fla. 2011). · cites it 4× “See § 44.1011, Fla. Stat. (2010) (defining mediation as " an informal and nonadversarial process with the objective of helping the disputing parties reach a mutually acceptable and voluntary agreement.”

Vitakis-Valchine v. Valchine, 793 So. 2d 1094 (Fla. 4th DCA 2001). · cites it 4× “See § 44.1011, Fla. Stat. (2000). Mandatory, court-ordered mediation was officially sanctioned by the Florida legislature in 1987, and since then, mediation has become institutionalized within Florida's court system.”

Bland v. Green Acres Grp., L.L.C., 12 So. 3d 822 (Fla. 4th DCA 2009). · cites it 3× “To the contrary, plaintiff has the burden of finding some way to effect service without his cooperation.”

Toiberman v. Tisera, 998 So. 2d 4 (Fla. 3d DCA 2008). · cites it 2× “Section 44.1011(2), Florida Statutes (2006) (emphasis added).”

Anheuser-Busch Companies, Inc. v. Staples, 125 So. 3d 309 (Fla. 1st DCA 2013). · cites it 2× “” § 44.1011, Fla. Stat. The mediator lacks authority to adjudicate any aspect of a dispute.”

Avril v. Civilmar, 605 So. 2d 988 (Fla. 4th DCA 1992). · cites it 2× “Section 44.1011(2), Florida Statutes (1991), explains that mediation: *990 is an informal and nonadversarial process with the objective of helping the disputing parties reach a mutually acceptable and voluntary agreement.”

Proposed Standards of Prof'l Conduct for Certified & Court-Appointed Mediators, 604 So. 2d 764 (Fla. 1992). · cites it 2× “Statutory Reference § 44.1011, Fla.Stat. *766 RULE 10.030 GENERAL STANDARDS AND QUALIFICATIONS (a) General.”

In Re Amendments to Fla. Rules for Mediators, 762 So. 2d 441 (Fla. 2000). · cites it 4× “" See § 44.1011(2), Fla. Stat. (1999). He maintains that the Committee has substituted a requirement that mediators "only be impartial" for the statutory requirement that mediators be "neutral.”

Comvest Imc Holdings v. Imc Grp. (Fla. 3d DCA 2019). · cites it 3× “The Comvest Group contends that the designation of a neutral accountant and procedure specified in the purchase agreement fits within the definition of “arbitration” in section 44.1011(1), Florida Statutes (2018): “a process whereby a neutral third person or panel, called an…”

Robert A. Harris v. Michael Dazzo (Fla. 3d DCA 2025). · cites it 2× “” § 44.1011(1), Fla. Stat. (2025). It is “an alternate forum for litigation where the competing parties have the chance to present evidence to a finder of fact.”

Newcastel Shipyards, LLC, etc., Alpha Mar. Ltd., etc., & Alley, Maas, Rogers & Lindsay, PA, etc. (Fla. 4th DCA 2015). “”); see also § 44.1011(1)-(2), Fla. Stat. (2010) (defining arbitration and mediation).”

Newcastle Shipyards, LLC v. C & N Yacht Refinishing, Inc., 166 So. 3d 939 (Fla. 4th DCA 2015). “”); see also § 44.1011(1)-(2), Fla. Stat. (2010) (defining arbitration and mediation).”

— 44.1011(1) — 4 cases

Comvest Imc Holdings v. Imc Grp. (Fla. 3d DCA 2019). “The Comvest Group contends that the designation of a neutral accountant and procedure specified in the purchase agreement fits within the definition of “arbitration” in section 44.1011(1), Florida Statutes (2018): “a process whereby a neutral third person or panel, called an…”

Robert A. Harris v. Michael Dazzo (Fla. 3d DCA 2025). “” § 44.1011(1), Fla. Stat. (2025). It is “an alternate forum for litigation where the competing parties have the chance to present evidence to a finder of fact.”

Newcastle Shipyards, LLC v. C & N Yacht Refinishing, Inc., 166 So. 3d 939 (Fla. 4th DCA 2015). “”); see also § 44.1011(1)-(2), Fla. Stat. (2010) (defining arbitration and mediation).”

— 44.1011(2) — 4 cases

Vitakis-Valchine v. Valchine, 793 So. 2d 1094 (Fla. 4th DCA 2001). “See § 44.1011, Fla. Stat. (2000). Mandatory, court-ordered mediation was officially sanctioned by the Florida legislature in 1987, and since then, mediation has become institutionalized within Florida's court system.”

Toiberman v. Tisera, 998 So. 2d 4 (Fla. 3d DCA 2008). “Section 44.1011(2), Florida Statutes (2006) (emphasis added).”

Avril v. Civilmar, 605 So. 2d 988 (Fla. 4th DCA 1992). “Section 44.1011(2), Florida Statutes (1991), explains that mediation: *990 is an informal and nonadversarial process with the objective of helping the disputing parties reach a mutually acceptable and voluntary agreement.”

In Re Amendments to Fla. Rules for Mediators, 762 So. 2d 441 (Fla. 2000). “" See § 44.1011(2), Fla. Stat. (1999). He maintains that the Committee has substituted a requirement that mediators "only be impartial" for the statutory requirement that mediators be "neutral.”

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