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: Fla. Dist. Ct. App. | Date Filed: 2021-07-21T00:53:00-07:00

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: Fla. | Date Filed: 2020-09-24T00:53:00-07:00

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: Fla. Dist. Ct. App. | Date Filed: 2020-06-10T00:53:00-07:00

Snippet: interpreted section 44.405’s predecessor, section 44.102(3), Florida Statutes (2001). Id. at 972-74. We …parties’ mediation communications, based on section 44.102(3), Florida Statutes (2001), which then provided… trial court agreed with the buyer that section 44.102(3) precluded any evidence as to what occurred during

MAGGY HURCHALLA v. SOUTH FLORIDA WATER MANAGEMENT DISTRICT

Court: Fla. Dist. Ct. App. | Date Filed: 2019-09-18T00:53:00-07:00

Snippet: Sections 44.102(3) and 44.405(1) The trial court relied on sections 44.405(1) and 44.102(3) as the… of chapter 119.” § 44.102(3), Fla. Stat. (2017) (emphasis added). Section 44.102(3) is a particularly… was exempt from disclosure pursuant to section 44.102(3), Florida Statutes (2017), which states: “All…286.011(8). The District relies primarily on section 44.102(3), Florida Statutes, in arguing that the trial…transcript. The trial court relied upon section 44.102(3), as well as section 44.405(1), Florida Statutes

Richard DeLisle v. Crane Co.

Court: Fla. | Date Filed: 2018-10-15T00:00:00-07:00

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: Fla. | Date Filed: 2016-10-27T00:00:00-07:00

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…complaints-filed against media-ter&—Section 44.102(4) specifically-.provides-that- “the disclosure…amended in deference to the 1993 amendment to section 44.102, Florida Statutes, that engrafted an exception …investigating complaints filed against mediators. Section 44.102(4) specifically provides that “the disclosure of

Morejon v. F & M Real Estate, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2015-04-08T00:00:00-07:00

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…referred to mediation in accordance with section 44.102, Florida Statutes and Florida Rule of Civil Procedure…referred to mediation in accordance with section 44.102, Florida Statutes and Florida Rule of Civil Procedure

Toiberman v. Tisera

Court: Fla. Dist. Ct. App. | Date Filed: 2008-10-08T00:53:00-07:00

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: Fla. | Date Filed: 2008-04-03T00:53:00-07:00

Citation: 979 So. 2d 931

Snippet: section 44.102(6) alters the time limits for making and accepting an offer of judgment. Section 44.102(6)(…provided in section 44.102(6), are procedural. Accordingly, we read section 44.102(6) as setting forth…persuasive. In Knealing, the supreme court found section 44.102(6)(b), Florida Statutes (1993), which allows a …ather than providing for an award of fees, section 44.102(6) alters the time limits for making and accepting…unconstitutional, the Knealing court was persuaded by section 44.102(6)'s failure to "create" a substantive

Areizaga v. Board of County Commissioners of Hillsborough County

Court: Fla. Dist. Ct. App. | Date Filed: 2006-08-16T00:00:00-07:00

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

Snippet: Court.” § 44.102(1). In other words, the legislature implicitly stated that section 44.102 and rule 1.710…program within the Attorney General’s office. Section 44.102(2)(a) and (b) set forth the circumstances under…requirement for mediation is contained in section 44.102, but that statute, similar to rule 3.852(Z )(3)

Brandsmart of West Palm Beach v. Dr Lakes

Court: Fla. Dist. Ct. App. | Date Filed: 2005-05-18T00:53:00-07:00

Citation: 901 So. 2d 1004

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: Fla. Dist. Ct. App. | Date Filed: 2003-03-04T23:53:00-08:00

Citation: 843 So. 2d 917

Snippet: Association during mediation. Relying on section 44.102(3), Florida Statutes (2001), the Sunset Association… of confidential mediation information. Section 44.102(3), Florida Statutes (2001), reads in pertinent… sanctions against it is inappropriate. Section 44.102(3) grants a privilege to "each party involved…is clear that it was not a violation of section 44.102(3) for the developer to have disclosed mutually

Feldman v. Kritch

Court: Fla. Dist. Ct. App. | Date Filed: 2002-08-21T00:00:00-07:00

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…executed settlement agreement, should not apply. See § 44.102(3), Fla. Stat. (2000); DR Lakes, Inc. v. Brandsmart

DR Lakes, Inc. v. BRANDSMART USA

Court: Fla. Dist. Ct. App. | Date Filed: 2002-06-26T00:53:00-07:00

Citation: 819 So. 2d 971

Snippet: occurred at the mediation hearing based on section 44.102(3), Florida Statutes (2001), which provides: Each…"an executed settlement agreement." § 44.102(3). Seller acknowledges that the statute is not

Oglesby-Dorminey v. Lucy Ho's Restaurant

Court: Fla. Dist. Ct. App. | Date Filed: 2002-05-07T00:00:00-07:00

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: Fla. Dist. Ct. App. | Date Filed: 2002-02-12T23:53:00-08:00

Citation: 807 So. 2d 736

Snippet: persuasive. In Knealing, the supreme court found section 44.102(6)(b), Florida Statutes (1993), which allows a …ather than providing for an award of fees, section 44.102(6) alters the time limits for making and accepting…unconstitutional, the Knealing court was persuaded by section 44.102(6)'s failure to "create" a substantive…that it could not apply that reasoning to section 44.102(6) because of its purely procedural nature. See

Vitakis-Valchine v. Valchine

Court: Fla. Dist. Ct. App. | Date Filed: 2001-08-22T00:53:00-07:00

Citation: 793 So. 2d 1094

Snippet: with or without the parties' consent. See § 44.102(2), Fla. Stat. (2000). Communications during the…sessions are privileged and confidential. See § 44.102(3)-(4), Fla. Stat. During court-ordered mediation…procedure adopted by the Florida Supreme Court. See § 44.102(1). Comprehensive procedures for conducting the

Enterprise Leasing Co. v. Jones

Court: Fla. | Date Filed: 2001-07-05T00:53:00-07:00

Citation: 789 So. 2d 964

Snippet: Disclosing this information was in violation of section 44.102(3), Florida Statutes (2000)[1], which makes all…petitioner *967 further argued that "section 44.102(3) establishes an unavoidable presumption of contamination…Hudson, 600 So.2d 7 (Fla. 4th DCA 1992). Section 44.102(3) does in fact give each party to the mediation…PARIENTE, and LEWIS, JJ., concur. NOTES [1] Section 44.102(3) reads as follows: Each party involved in a

Amendments to the Florida Rules of Civil Procedure

Court: Fla. | Date Filed: 2000-10-05T00:00:00-07:00

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…ensure the confidentiality provided for in section 44.102(3), Florida Statutes, and to prevent premature

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

Court: Fla. Dist. Ct. App. | Date Filed: 2000-09-20T00:53:00-07:00

Citation: 788 So. 2d 262

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