Florida Statute 44.102 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title V
JUDICIAL BRANCH

Chapter 44
MEDIATION ALTERNATIVES TO JUDICIAL ACTION

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F.S. 44.102

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 costs of the mediation or the costs can be equitably divided between the parties, unless:

1. The action is a landlord and tenant dispute that does not include a claim for personal injury.

2. The action is filed for the purpose of collecting a debt.

3. The action is a claim of medical malpractice.

4. The action is governed by the Florida Small Claims Rules.

5. The court determines that the action is proper for referral to nonbinding arbitration under this chapter.

6. The parties have agreed to binding arbitration.

7. The parties have agreed to an expedited trial pursuant to s. 45.075.

8. The parties have agreed to voluntary trial resolution pursuant to s. 44.104.

(b) May refer to mediation all or any part of a filed civil action for which mediation is not required under this section.

(c) In circuits in which a family mediation program has been established and upon a court finding of a dispute, shall refer to mediation all or part of custody, visitation, or other parental responsibility issues as defined in s. 61.13. Upon motion or request of a party, a court shall not refer any case to mediation if it finds there has been a history of domestic violence that would compromise the mediation process.

(d) In circuits in which a dependency or in need of services mediation program has been established, may refer to mediation all or any portion of a matter relating to dependency or to a child in need of services or a family in need of services.

(3) All written communications in a mediation proceeding, other than an executed settlement agreement, shall be exempt from the requirements of chapter 119.

(4) The chief judge of each judicial circuit shall maintain a list of mediators who have been certified by the Supreme Court and who have registered for appointment in that circuit.

(a) Whenever possible, qualified individuals who have volunteered their time to serve as mediators shall be appointed. If a mediation program is funded pursuant to s. 44.108, volunteer mediators shall be entitled to reimbursement pursuant to s. 112.061 for all actual expenses necessitated by service as a mediator.

(b) Nonvolunteer mediators shall be compensated according to rules adopted by the Supreme Court. If a mediation program is funded pursuant to s. 44.108, a mediator may be compensated by the county or by the parties.

(5)(a) When an action is referred to mediation by court order, the time periods for responding to an offer of settlement pursuant to s. 45.061, or to an offer or demand for judgment pursuant to s. 768.79, respectively, shall be tolled until:

1. An impasse has been declared by the mediator; or

2. The mediator has reported to the court that no agreement was reached.

(b) Sections 45.061 and 768.79 notwithstanding, an offer of settlement or an offer or demand for judgment may be made at any time after an impasse has been declared by the mediator, or the mediator has reported that no agreement was reached. An offer is deemed rejected as of commencement of trial.

History.—s. 2, ch. 87-173; s. 2, ch. 89-31; s. 2, ch. 90-188; s. 2, ch. 93-161; s. 10, ch. 94-134; s. 10, ch. 94-135; s. 44, ch. 94-164; s. 18, ch. 96-406; s. 2, ch. 97-155; s. 2, ch. 99-225; s. 2, ch. 2002-65; s. 1, ch. 2004-291; s. 31, ch. 2005-236.

Note.—Former s. 44.302.

F.S. 44.102 on Google Scholar

F.S. 44.102 on Casetext

Amendments to 44.102

Arrestable Offenses / Crimes under Fla. Stat. 44.102

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 44.102.

Annotations, Discussions, Cases:

Cases Citing Statute 44.102

Total Results: 20

YOLANDA ALVAREZ v. CITIZENS PROPERTY INSURANCE CORPORATION

Court: District Court of Appeal of Florida | Date Filed: 2021-07-21

Snippet: ANALYSIS Section 44.102, Florida Statutes, permits a court to order parties

Michael Barnett, etc. v. State of Florida, Department of Financial Services

Court: Supreme Court of Florida | Date Filed: 2020-09-24

Snippet: Seminole Tribe of Florida v. Florida, 517 U.S. 44, 102-03 (1996), and became Florida law when “[t]he

BRICKELL FINANCIAL SERVICES - MOTOR CLUB, INC. d/b/a ROAD AMERICA MOTOR CLUB and ROAD AMERICA MOTOR CLUB, INC. v. ROAD TRANSPORTATION, LLC d/b/a RoadsideMasters.com

Court: District Court of Appeal of Florida | Date Filed: 2020-06-10

Snippet: interpreted section 44.405’s predecessor, section 44.102(3), Florida Statutes (2001). Id. at 972-74. We

MAGGY HURCHALLA v. SOUTH FLORIDA WATER MANAGEMENT DISTRICT

Court: District Court of Appeal of Florida | Date Filed: 2019-09-18

Snippet: was exempt from disclosure pursuant to section 44.102(3), Florida Statutes (2017), which states: “All

Richard DeLisle v. Crane Co.

Court: Supreme Court of Florida | Date Filed: 2018-10-15

Citation: 258 So. 3d 1219

Snippet: requirements established by the Legislature in section 44.102, Florida Statutes (1993), to be unconstitutional

In Re AMENDMENTS TO the FLORIDA RULES FOR CERTIFIED AND COURT-APPOINTED MEDIATORS

Court: Supreme Court of Florida | Date Filed: 2016-10-27

Citation: 202 So. 3d 795, 41 Fla. L. Weekly Supp. 477, 2016 Fla. LEXIS 2362

Snippet: deference--to- the 1993 amendment- -to section 44.102, F-l-or-ida-Stat-uteS) - that engrafted-an- exception

Morejon v. F & M Real Estate, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2015-04-08

Citation: 162 So. 3d 356, 2015 Fla. App. LEXIS 5017, 2015 WL 1542215

Snippet: a case-by-case basis in accordance with section 44.102, Florida Statutes, and Florida Rule of Civil Procedure

Toiberman v. Tisera

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

Citation: 998 So. 2d 4

Snippet: Florida Statutes, were later renumbered as sections 44.102 and 44.104, Florida Statutes, respectively. [2]

Massey v. David

Court: Supreme Court of Florida | Date Filed: 2008-04-03

Citation: 979 So. 2d 931, 2008 WL 878488

Snippet: persuasive. In Knealing, the supreme court found section 44.102(6)(b), Florida Statutes (1993), which allows a

Areizaga v. Board of County Commissioners of Hillsborough County

Court: District Court of Appeal of Florida | Date Filed: 2006-08-16

Citation: 935 So. 2d 640, 2006 Fla. App. LEXIS 13672, 2006 WL 2355985

Snippet: program within the Attorney General’s office. Section 44.102(2)(a) and (b) set forth the circumstances under

Brandsmart of West Palm Beach v. Dr Lakes

Court: District Court of Appeal of Florida | Date Filed: 2005-05-18

Citation: 901 So. 2d 1004, 2005 WL 1163001

Snippet: that the settlement privilege contained in section 44.102(3), Florida Statutes (2001), did not apply to a

Yacht Club Southeastern, Inc. v. SUNSET HARBOUR NORTH CONDOMINIUM ASS'N, INC.

Court: District Court of Appeal of Florida | Date Filed: 2003-03-05

Citation: 843 So. 2d 917, 2003 Fla. App. LEXIS 2620, 2003 WL 728957

Snippet: Association during mediation. Relying on section 44.102(3), Florida Statutes (2001), the Sunset Association

Feldman v. Kritch

Court: District Court of Appeal of Florida | Date Filed: 2002-08-21

Citation: 824 So. 2d 274, 2002 WL 1906229

Snippet: in considering evidence in violation of section 44.102, Florida Statutes, and the Florida Rules of Certified

DR Lakes, Inc. v. BRANDSMART USA

Court: District Court of Appeal of Florida | Date Filed: 2002-06-26

Citation: 819 So. 2d 971

Snippet: occurred at the mediation hearing based on section 44.102(3), Florida Statutes (2001), which provides: Each

Oglesby-Dorminey v. Lucy Ho's Restaurant

Court: District Court of Appeal of Florida | Date Filed: 2002-05-07

Citation: 815 So. 2d 749, 2002 Fla. App. LEXIS 6102, 2002 WL 857302

Snippet: Specifically, in Knealing, we found that section 44.102, Florida Statutes (1993), which only altered the

Estate of Cort v. Broward County Sheriff

Court: District Court of Appeal of Florida | Date Filed: 2002-02-13

Citation: 807 So. 2d 736

Snippet: persuasive. In Knealing, the supreme court found section 44.102(6)(b), Florida Statutes (1993), which allows a

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: mediation, with or without the parties' consent. See § 44.102(2), Fla. Stat. (2000). Communications during the

Enterprise Leasing Co. v. Jones

Court: Supreme Court of Florida | Date Filed: 2001-07-05

Citation: 789 So. 2d 964, 2001 WL 746654

Snippet: Disclosing this information was in violation of section 44.102(3), Florida Statutes (2000)[1], which makes all

Amendments to the Florida Rules of Civil Procedure

Court: Supreme Court of Florida | Date Filed: 2000-10-05

Citation: 773 So. 2d 1098, 2000 Fla. LEXIS 2312, 2000 WL 1472356

Snippet: to reconcile, where possible, sections 44.102(6) (formerly 44.102(5)(b)), 45.061, 73.032, and 768.79, Florida

Grip Development, Inc. v. Coldwell Banker Residential Real Estate, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2000-09-20

Citation: 788 So. 2d 262, 2000 Fla. App. LEXIS 11908, 2000 WL 1345153

Snippet: Specifically, in Knealing, we found that section 44.102, Florida Statutes (1993), which only altered the