Florida Statutes

Fla. Stat. § 44.102 (2025)

Court-ordered mediation.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 47 cases (1 in the last 5 years), 1992–2021 · leading case: Massey v. David, 979 So. 2d 931 (Fla. 2008).

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Massey v. David, 979 So. 2d 931 (Fla. 2008). · cites it 19× “at 595-96 (quoting § 44.102, Fla. Stat. (1993)). Section 768.”

Knealing v. Puleo, 675 So. 2d 593 (Fla. 1996). · cites it 27× “NOTES [1] All references to section 44.102, Florida Statutes, in this case are to the 1993 version of the statute.”

Richard DeLisle v. Crane Co., 258 So. 3d 1219 (Fla. 2018). · cites it 4× “Likewise, we found the time requirements established by the Legislature in section 44.102, Florida Statutes (1993), to be unconstitutional, finding that the section “sets forth only procedural requirements, [and therefore] intrudes upon the rule-making authority of the Supreme…”

Nordyne v. Florida Mobile Home Supply, 625 So. 2d 1283 (Fla. 1st DCA 1993). · cites it 7× “None of the demands for judgment served by FMHS on Nordyne referred to section 44.102. They referred to sections 45.”

Ong v. Mike Guido Props., 668 So. 2d 708 (Fla. 5th DCA 1996). · cites it 26× “102(6)(a) can be severed from the remaining provisions of the court-ordered mediation statute because section 44.102 contains important provisions in connection with court-ordered mediation which have no relation to the timing provisions of the offer of judgment statute.”

Enter. Leasing Co. v. Jones, 789 So. 2d 964 (Fla. 2001). · cites it 5× “Disclosing this information was in violation of section 44.102(3), Florida Statutes (2000) [1] , which makes all oral and written communications made during mediation confidential and inadmissible as evidence at trial unless the parties agree otherwise.”

Feldman v. Kritch, 824 So. 2d 274 (Fla. 4th DCA 2002). · cites it 4× “Appellant claims that the trial court exceeded its authority in considering evidence in violation of section 44.102, Florida Statutes, and the Florida Rules of Certified and Court Appointed Mediators, in finding that the settlement agreement did not reflect the mutual intentions…”

Est. of Cort v. Broward Cnty. Sheriff, 807 So. 2d 736 (Fla. 4th DCA 2002). · cites it 5× “The court stated "[r]ather than providing for an award of fees, section 44.102(6) alters the time limits for making and accepting an offer of judgment.”

Dynasty Express Corp. v. Weiss, 675 So. 2d 235 (Fla. 4th DCA 1996). · cites it 5× “The following day, April 5th, 1995, defendant served upon plaintiff an offer of judgment in the amount of 0,000 pursuant to section 44.102, Florida Statutes. In his subsequently filed affidavit, defense counsel averred that he received on April 6, 1996, discovery information…”

Vitakis-Valchine v. Valchine, 793 So. 2d 1094 (Fla. 4th DCA 2001). · cites it 4× “See § 44.102(1). Comprehensive procedures for conducting the mediation session and minium standards for qualification, training, certification, professional conduct, and discipline of mediators have been set forth by the Florida Supreme Court in the Florida Rules for Certified…”

Paranzino v. Barnett Bank of South Fla., 690 So. 2d 725 (Fla. 4th DCA 1997). · cites it 6× “Rather, appellant contends that there was no court order prohibiting discussion of the settlement offer with third parties, that there were no findings that Paranzino violated any court order or Rule of Civil Procedure, and that dismissal with prejudice was an unduly harsh…”

Fair v. Bakhtiari, 147 P.3d 653 (Cal. 2006). · cites it 2× “5); Fla. Stat. § 44.102 (3); Mont.Code Ann. § 26-1-813(3); N.”

Show all 47 citing cases →

— 44.102(1) — 2 cases

Vitakis-Valchine v. Valchine, 793 So. 2d 1094 (Fla. 4th DCA 2001). “See § 44.102(1). Comprehensive procedures for conducting the mediation session and minium standards for qualification, training, certification, professional conduct, and discipline of mediators have been set forth by the Florida Supreme Court in the Florida Rules for Certified…”

Areizaga v. Bd. of Cnty. Commissioners of Hillsborough Cnty., 935 So. 2d 640 (Fla. 2d DCA 2006).

— 44.102(2) — 2 cases

McKinlay v. McKinlay, 648 So. 2d 806 (Fla. 1st DCA 1995).

— 44.102(2)(a) — 1 case

Areizaga v. Bd. of Cnty. Commissioners of Hillsborough Cnty., 935 So. 2d 640 (Fla. 2d DCA 2006).

— 44.102(2)(b) — 1 case

Carter v. Carter, 470 S.E.2d 193 (W. Va. 1996).

— 44.102(2)(c) — 1 case

Neunzig v. Cornett, 761 So. 2d 1174 (Fla. 4th DCA 2000).

— 44.102(3) — 19 cases

Enter. Leasing Co. v. Jones, 789 So. 2d 964 (Fla. 2001). “Disclosing this information was in violation of section 44.102(3), Florida Statutes (2000) [1] , which makes all oral and written communications made during mediation confidential and inadmissible as evidence at trial unless the parties agree otherwise.”

Yacht Club Se., Inc. v. Sunset Harbour North Condo. Ass'n, Inc., 843 So. 2d 917 (Fla. 3d DCA 2003).

Feldman v. Kritch, 824 So. 2d 274 (Fla. 4th DCA 2002). “Appellant claims that the trial court exceeded its authority in considering evidence in violation of section 44.102, Florida Statutes, and the Florida Rules of Certified and Court Appointed Mediators, in finding that the settlement agreement did not reflect the mutual intentions…”

Dr Lakes, Inc. v. Brandsmart USA, 819 So. 2d 971 (Fla. 4th DCA 2002).

In Re Amend. to Fla. Rules of Civ. Proc., 682 So. 2d 105 (Fla. 1996).

— 44.102(4) — 3 cases

In Re Amendments to the Florida Rules for Certified & Court-appointed Mediators, 202 So. 3d 795 (Fla. 2016).

In Re Amendments to Fla. Rules for Mediators, 762 So. 2d 441 (Fla. 2000).

In re Amendments to the Florida Rules for Certified & Court-Appointed Mediators, 661 So. 2d 807 (Fla. 1995).

— 44.102(5) — 1 case

Ong v. Mike Guido Props., 668 So. 2d 708 (Fla. 5th DCA 1996). “102(6)(a) can be severed from the remaining provisions of the court-ordered mediation statute because section 44.102 contains important provisions in connection with court-ordered mediation which have no relation to the timing provisions of the offer of judgment statute.”

— 44.102(5)(b) — 3 cases

Nordyne v. Florida Mobile Home Supply, 625 So. 2d 1283 (Fla. 1st DCA 1993). “None of the demands for judgment served by FMHS on Nordyne referred to section 44.102. They referred to sections 45.”

Wright v. Caruana, 640 So. 2d 197 (Fla. 3d DCA 1994).

— 44.102(6) — 6 cases

Knealing v. Puleo, 675 So. 2d 593 (Fla. 1996). “NOTES [1] All references to section 44.102, Florida Statutes, in this case are to the 1993 version of the statute.”

Massey v. David, 979 So. 2d 931 (Fla. 2008). “at 595-96 (quoting § 44.102, Fla. Stat. (1993)). Section 768.”

Est. of Cort v. Broward Cnty. Sheriff, 807 So. 2d 736 (Fla. 4th DCA 2002). “The court stated "[r]ather than providing for an award of fees, section 44.102(6) alters the time limits for making and accepting an offer of judgment.”

Puleo v. Knealing, 654 So. 2d 148 (Fla. 4th DCA 1995).

— 44.102(6)(a) — 4 cases

Knealing v. Puleo, 675 So. 2d 593 (Fla. 1996). “NOTES [1] All references to section 44.102, Florida Statutes, in this case are to the 1993 version of the statute.”

Massey v. David, 979 So. 2d 931 (Fla. 2008). “at 595-96 (quoting § 44.102, Fla. Stat. (1993)). Section 768.”

Murphy v. Tucker, 689 So. 2d 1164 (Fla. 2d DCA 1997).

— 44.102(6)(b) — 6 cases

Knealing v. Puleo, 675 So. 2d 593 (Fla. 1996). “NOTES [1] All references to section 44.102, Florida Statutes, in this case are to the 1993 version of the statute.”

Massey v. David, 979 So. 2d 931 (Fla. 2008). “at 595-96 (quoting § 44.102, Fla. Stat. (1993)). Section 768.”

Puleo v. Knealing, 654 So. 2d 148 (Fla. 4th DCA 1995).

— 44.102(b) — 1 case

Knealing v. Puleo, 675 So. 2d 593 (Fla. 1996). “NOTES [1] All references to section 44.102, Florida Statutes, in this case are to the 1993 version of the statute.”

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