Florida/Georgia Personal Injury & Workers Compensation

...mmunications shall be confidential. A mediation participant shall not disclose a mediation communication to a person other than another mediation participant or to a participant’s counsel. A violation of this section may be remedied as provided by s. 44.406....

...If the mediation is court ordered, a violation of this section may also subject the mediation participant to sanctions by the court, including, but not limited to, costs, attorney’s fees, and mediator’s fees.” (emphasis added). Florida Statute § 44.406 provides remedies for a mediation participant who knowingly and willfully discloses a mediation communication in violation of § 44.405....

...1 We amend rule 12.740, Family Mediation, to reference section 44.108, Florida Statutes, which was amended in 2004 to provide a fee schedule for court-ordered mediation services. See ch.2004-265, § 44, Laws of Fla. Finally, we amend rule 12.741, Mediation Rules, to recognize the family court’s authority under section 44.406, Florida Statutes, to order sanctions for violations of mediation confidentiality provisions. This amendment recognizes the 2004 Legislature’s creation of the Mediation Confidentiality and Privilege Act, sections 44.401-44.406, Florida Statutes (2004)....

...court—that is, Cozen’s collateral estoppel defense.5 Lexington petitioned for a writ of certiorari,6 arguing that the circuit court 4. Cozen argued that Mintz was not a “party” to the Query- Lexington mediation, so it did not have access to the remedies that section 44.406 offers “part[ies]” for breaches of mediation confidentiality. § 44.406(1), Fla....