The 2023 Florida Statutes (including Special Session C)

Title V
JUDICIAL BRANCH

Chapter 44
MEDIATION ALTERNATIVES TO JUDICIAL ACTION

View Entire Chapter

F.S. 44.1011

44.1011 Definitions.—As used in this chapter:

(1) “Arbitration” means a process whereby a neutral third person or panel, called an arbitrator or arbitration panel, considers the facts and arguments presented by the parties and renders a decision which may be binding or nonbinding as provided in this chapter.

(2) “Mediation” means a process whereby a neutral third person called a mediator acts to encourage and facilitate the resolution of a dispute between two or more parties. It is an informal and nonadversarial process with the objective of helping the disputing parties reach a mutually acceptable and voluntary agreement. In mediation, decisionmaking authority rests with the parties. The role of the mediator includes, but is not limited to, assisting the parties in identifying issues, fostering joint problem solving, and exploring settlement alternatives. “Mediation” includes:

(a) “Appellate court mediation,” which means mediation that occurs during the pendency of an appeal of a civil case.

(b) “Circuit court mediation,” which means mediation of civil cases, other than family matters, in circuit court. If a party is represented by counsel, the counsel of record must appear unless stipulated to by the parties or otherwise ordered by the court.

(c) “County court mediation,” which means mediation of civil cases within the jurisdiction of county courts, including small claims. Negotiations in county court mediation are primarily conducted by the parties. Counsel for each party may participate. However, presence of counsel is not required.

(d) “Dependency or in need of services mediation,” which means mediation of dependency, child in need of services, or family in need of services matters. Negotiations in dependency or in need of services mediation are primarily conducted by the parties. Counsel for each party may attend the mediation conference and privately communicate with their clients. However, presence of counsel is not required and, in the discretion of the mediator and with the agreement of the parties, mediation may proceed in the absence of counsel unless otherwise ordered by the court.

(e) “Family mediation” which means mediation of family matters, including married and unmarried persons, before and after judgments involving dissolution of marriage; property division; shared or sole parental responsibility; or child support, custody, and visitation involving emotional or financial considerations not usually present in other circuit civil cases. Negotiations in family mediation are primarily conducted by the parties. Counsel for each party may attend the mediation conference and privately communicate with their clients. However, presence of counsel is not required, and, in the discretion of the mediator, and with the agreement of the parties, mediation may proceed in the absence of counsel unless otherwise ordered by the court.

History.—s. 1, ch. 87-173; s. 1, ch. 90-188; s. 43, ch. 94-164; s. 54, ch. 95-280; s. 15, ch. 2023-8.

Note.—Former s. 44.301.

F.S. 44.1011 on Google Scholar

F.S. 44.1011 on Casetext

Amendments to 44.1011

Arrestable Offenses / Crimes under Fla. Stat. 44.1011

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 44.1011.

Annotations, Discussions, Cases:

Cases from cite.case.law:

NEWCASTLE SHIPYARDS, LLC, a a PA, a v. C N YACHT REFINISHING, INC. a, 166 So. 3d 939 (Fla. Dist. Ct. App. 2015)

. . . .”); see also § 44.1011(1)-(2), Fla. Stat. (2010) (defining arbitration and mediation). . . .

ANHEUSER- BUSCH COMPANIES, INC. v. STAPLES,, 125 So. 3d 309 (Fla. Dist. Ct. App. 2013)

. . . .” § 44.1011, Fla. Stat. The mediator lacks authority to adjudicate any aspect of a dispute. Fla. . . .

CRAWFORD, v. BARKER,, 64 So. 3d 1246 (Fla. 2011)

. . . See § 44.1011, Fla. . . .

BLAND, v. GREEN ACRES GROUP, L. L. C. a, 12 So. 3d 822 (Fla. Dist. Ct. App. 2009)

. . . See also § 44.1011, Fla, Stat. (2008) (providing that mediation is an informal, non-adversarial process . . .

A. TOIBERMAN, v. J. TISERA,, 998 So. 2d 4 (Fla. Dist. Ct. App. 2008)

. . . in effect during the arbitration between the Husband and the Wife also provided in pertinent part: 44.1011 . . . Section 44.1011(2), Florida Statutes (2006) (emphasis added). . . .

VITAKIS- VALCHINE, v. L. VALCHINE,, 793 So. 2d 1094 (Fla. Dist. Ct. App. 2001)

. . . See § 44.1011, Fla. Stat. (2000). . . . See § 44.1011(2), Fla. Stat. . . .

IN RE AMENDMENTS TO THE FLORIDA RULES FOR CERTIFIED AND COURT- APPOINTED MEDIATORS, 762 So. 2d 441 (Fla. 2000)

. . . See § 44.1011(2), Fla. Stat. (1999). . . . Section 44.1011(2), Florida Statutes provides: "Mediation” means a process whereby a neutral third person . . .

AVRIL v. CIVILMAR,, 605 So. 2d 988 (Fla. Dist. Ct. App. 1992)

. . . Section 44.1011(2), Florida Statutes (1991), explains that mediation: is an informal and nonadversarial . . .

PROPOSED STANDARDS OF PROFESSIONAL CONDUCT FOR CERTIFIED AND COURT- APPOINTED MEDIATORS, 604 So. 2d 764 (Fla. 1992)

. . . Statutory Reference § 44.1011, Fla.Stat. . . .