Florida/Georgia Personal Injury & Workers Compensation

You're probably overthinking it. Call a lawyer.

Call Now: 904-383-7448
Florida Statute 44.107 - Full Text and Legal Analysis Florida Statute 44.107 | Lawyer Caselaw & Research
Fla. Stat. § 44.107 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
44.107 Immunity for arbitrators, mediators, and mediator trainees.
(1) Arbitrators serving under s. 44.103 or s. 44.104, mediators serving under s. 44.102, and trainees fulfilling the mentorship requirements for certification by the Supreme Court as a mediator shall have judicial immunity in the same manner and to the same extent as a judge.
(2) A person serving as a mediator in any noncourt-ordered mediation shall have immunity from liability arising from the performance of that person’s duties while acting within the scope of the mediation function if such mediation is:
(a) Required by statute or agency rule or order;
(b) Conducted under ss. 44.401-44.406 by express agreement of the mediation parties; or
(c) Facilitated by a mediator certified by the Supreme Court, unless the mediation parties expressly agree not to be bound by ss. 44.401-44.406.

The mediator does not have immunity if he or she acts in bad faith, with malicious purpose, or in a manner exhibiting wanton and willful disregard of human rights, safety, or property.

(3) A person serving under s. 44.106 to assist the Supreme Court in performing its disciplinary function shall have absolute immunity from liability arising from the performance of that person’s duties while acting within the scope of that person’s appointed function.
History.s. 5, ch. 89-31; s. 7, ch. 90-188; s. 1, ch. 95-421; s. 2, ch. 2004-291.
Note.Former s. 44.307.

Cases Citing F.S. 44.107

Copy

·Vitakis-Valchine v. Valchine, 793 So. 2d 1094 (Fla. 4th DCA 2001).

Cited 7 times | Published | Florida 4th District Court of Appeal | 2001 WL 953412

...Communications during the mediation sessions are privileged and confidential. See § 44.102(3)-(4), Fla. Stat. During court-ordered mediation conducted pursuant to the statute, the mediator enjoys "judicial immunity in the same manner and to the same extent as a judge." § 44.107, Fla....
0 red0 yellow2 green0 procedural
Cited as authorityMcClain (2025)
phrase: "rule_authority"
Cited as authorityMcClain (2025)
phrase: "rule_authority"
Copy

Robert A. Harris v. Michael Dazzo (Fla. 3d DCA 2025).

Published | Florida 3rd District Court of Appeal

...These granted civil judges the authority to refer cases to mediation and arbitration. See Ch. 89-31, Laws of Fla. One section provided that the mediator and arbitrator have “judicial immunity in the same manner and to the same extent as a judge.” Id. at § 5. This statute is still in effect today. See § 44.107, Fla....

This Florida statute resource is curated by the lawyer who curates this resource, a Jacksonville, Florida personal injury and workers' compensation attorney (Florida Bar No. 39104). For legal consultation, call 904-383-7448.