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The 2025 Florida Statutes
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F.S. 44.101144.1011 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.
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Annotations, Discussions, Cases:
Cases Citing Statute 44.1011
Total Results: 12
64 So. 3d 1246, 36 Fla. L. Weekly Supp. 252, 2011 Fla. LEXIS 1280, 2011 WL 2224808
Supreme Court of Florida | Filed: Jun 9, 2011 | Docket: 20904
Cited 56 times | Published
to the formalistic rigors of litigation. See § 44.1011, Fla. Stat. (2010) (defining mediation as “an
793 So. 2d 1094, 2001 WL 953412
District Court of Appeal of Florida | Filed: Aug 22, 2001 | Docket: 1266470
Cited 7 times | Published
voluntary resolution of their issues of conflict. See § 44.1011, Fla. Stat. (2000). Mandatory, court-ordered mediation
12 So. 3d 822, 2009 Fla. App. LEXIS 6048, 2009 WL 1456948
District Court of Appeal of Florida | Filed: May 27, 2009 | Docket: 1647176
Cited 6 times | Published
American Heritage Dict. (3d ed.) 1120. See also § 44.1011, Fla, Stat. (2008) (providing that mediation is
605 So. 2d 988, 1992 WL 260952
District Court of Appeal of Florida | Filed: Oct 7, 1992 | Docket: 1702344
Cited 6 times | Published
require that parties actually settle cases. Section 44.1011(2), Florida Statutes (1991), explains that
125 So. 3d 309, 2013 WL 5567497, 2013 Fla. App. LEXIS 16026
District Court of Appeal of Florida | Filed: Oct 9, 2013 | Docket: 60235833
Cited 4 times | Published
“de-cisionmaking authority rests with the parties.” § 44.1011, Fla. Stat. The mediator lacks authority to adjudicate
998 So. 2d 4, 33 Fla. L. Weekly Fed. D 2373
District Court of Appeal of Florida | Filed: Oct 8, 2008 | Docket: 1701394
Cited 4 times | Published
solving, and exploring settlement alternatives.
Section 44.1011(2), Florida Statutes (2006) (emphasis added)
762 So. 2d 441, 2000 WL 124396
Supreme Court of Florida | Filed: Feb 3, 2000 | Docket: 1311171
Cited 1 times | Published
the statutory term "neutral third person." See § 44.1011(2), Fla. Stat. (1999). He maintains that the Committee
District Court of Appeal of Florida | Filed: Aug 13, 2025 | Docket: 71098941
Published
decision which may be binding or
nonbinding.” § 44.1011(1), Fla. Stat. (2025). It is “an alternate forum
District Court of Appeal of Florida | Filed: May 1, 2019 | Docket: 15034049
Published
within the definition of
“arbitration” in section 44.1011(1), Florida Statutes (2018): “a process whereby
166 So. 3d 939, 2015 Fla. App. LEXIS 9252, 2015 WL 3759768
District Court of Appeal of Florida | Filed: Jun 17, 2015 | Docket: 60248412
Published
’ substance controls over title.”); see also § 44.1011(1)-(2), Fla. Stat. (2010) (defining arbitration
District Court of Appeal of Florida | Filed: Jun 17, 2015 | Docket: 2679258
Published
’ substance controls over title.”); see also §
44.1011(1)-(2), Fla. Stat. (2010) (defining arbitration
604 So. 2d 764, 17 Fla. L. Weekly Supp. 315, 1992 Fla. LEXIS 1041, 1992 WL 110885
Supreme Court of Florida | Filed: May 28, 1992 | Docket: 64669548
Published
and
(6) self determination.
Statutory Reference
§ 44.1011, Fla.Stat.
*766RULE 10.030 GENERAL STANDARDS AND
