Florida Statutes
Fla. Stat. § 44.403 (2025)
Mediation Confidentiality and Privilege Act; definitions.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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44.403 Mediation Confidentiality and Privilege Act; definitions.—As used in ss. 44.401-44.406, the term:
(1) “Mediation communication” means an oral or written statement, or nonverbal conduct intended to make an assertion, by or to a mediation participant made during the course of a mediation, or prior to mediation if made in furtherance of a mediation. The commission of a crime during a mediation is not a mediation communication.
(2) “Mediation participant” means a mediation party or a person who attends a mediation in person or by telephone, video conference, or other electronic means.
(3) “Mediation party” or “party” means a person participating directly, or through a designated representative, in a mediation and a person who:
(a) Is a named party;
(b) Is a real party in interest; or
(c) Would be a named party or real party in interest if an action relating to the subject matter of the mediation were brought in a court of law.
(4) “Mediator” means a neutral, impartial third person who facilitates the mediation process. The mediator’s role is to reduce obstacles to communication, assist in identifying issues, explore alternatives, and otherwise facilitate voluntary agreements to resolve disputes, without prescribing what the resolution must be.
(5) “Subsequent proceeding” means an adjudicative process that follows a mediation, including related discovery.
Notes of Decisions
Cited in 5
cases (2 in the last 5 years), 2014–2022 · leading case: Carles Constr., Inc. v. Travelers Cas. & Sur. Co. of Am., 56 F. Supp. 3d 1259 (S.D. Fla. 2014).
Carles Constr., Inc. v. Travelers Cas. & Sur. Co. of Am., 56 F. Supp. 3d 1259 (S.D. Fla. 2014). “Fla. Stat. § 44.403 (1). . There are several exceptions to this prohibition, e.”
Patricia Guy Moultrop v. Geico Gen. Ins. Co. (Fla. 4th DCA 2020). “” § 44.403(1), Fla. Stat. (2019). The UM carrier responds the activity log note could not be a mediation communication because both the plaintiffs and the UM carrier were parties to the mediation.”
Abrams-Jackson v. Avossa, 282 F. Supp. 3d 1268 (S.D. Fla. 2017). “" Fla. Stat. § 44.403 (1). Florida law requires that all mediation communications shall be confidential unless they fall within a limited exception under the statute, none of which apply in this case.”
Rayonier Performance Fibers, LLC v. Amerisure Ins. Co. (M.D. Fla. 2021). “§ 44.403(1). “‘Mediation participant’ means a mediation party or a person who attends a mediation in person or by telephone, video conference, or other electronic means.”
Wiand v. Fam. Tree Est. Plan., LLC (M.D. Fla. 2022). “§ 44.403(1). “‘Mediation participant’ means a mediation party or a person who attends a mediation in person or by telephone, video conference, or other electronic means.”
— 44.403(1) — 3 cases
Patricia Guy Moultrop v. Geico Gen. Ins. Co. (Fla. 4th DCA 2020). “” § 44.403(1), Fla. Stat. (2019). The UM carrier responds the activity log note could not be a mediation communication because both the plaintiffs and the UM carrier were parties to the mediation.”
Rayonier Performance Fibers, LLC v. Amerisure Ins. Co. (M.D. Fla. 2021). “§ 44.403(1). “‘Mediation participant’ means a mediation party or a person who attends a mediation in person or by telephone, video conference, or other electronic means.”
Wiand v. Fam. Tree Est. Plan., LLC (M.D. Fla. 2022). “§ 44.403(1). “‘Mediation participant’ means a mediation party or a person who attends a mediation in person or by telephone, video conference, or other electronic means.”
— 44.403(2) — 2 cases
Rayonier Performance Fibers, LLC v. Amerisure Ins. Co. (M.D. Fla. 2021). “§ 44.403(1). “‘Mediation participant’ means a mediation party or a person who attends a mediation in person or by telephone, video conference, or other electronic means.”
Wiand v. Fam. Tree Est. Plan., LLC (M.D. Fla. 2022). “§ 44.403(1). “‘Mediation participant’ means a mediation party or a person who attends a mediation in person or by telephone, video conference, or other electronic means.”
— 44.403(3) — 1 case
Patricia Guy Moultrop v. Geico Gen. Ins. Co. (Fla. 4th DCA 2020). “” § 44.403(1), Fla. Stat. (2019). The UM carrier responds the activity log note could not be a mediation communication because both the plaintiffs and the UM carrier were parties to the mediation.”
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