Florida Statute 44.1011 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title V
JUDICIAL BRANCH

Chapter 44
MEDIATION ALTERNATIVES TO JUDICIAL ACTION

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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 CourtListener

Amendments to 44.1011

Annotations, Discussions, Cases:

Cases Citing Statute 44.1011

Total Results: 12 | Sort by: Relevance | Newest First

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Crawford v. Barker, 64 So. 3d 1246 (Fla. 2011).

Cited 56 times | Published | Supreme Court of Florida | 36 Fla. L. Weekly Supp. 252, 2011 Fla. LEXIS 1280, 2011 WL 2224808

...urn to mediation as an alternative, cost-efficient form of dispute resolution in domestic matters. Mediation is designed and intended to be an informal mechanism that parties can utilize as an alternative to the formalistic rigors of litigation. See § 44.1011, Fla....

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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

...I believed everything that he said. Court-ordered mediation Mediation is a process whereby a neutral third party, the mediator, assists the principals of a dispute in reaching a complete or partial voluntary resolution of their issues of conflict. See § 44.1011, Fla....

...[2] The process is meant to be non-adversarial and informal, with the mediator essentially serving as a facilitator for communications between the parties and providing assistance in the identification of issues and the exploration of options to resolve the dispute. Ultimate authority to settle remains with the parties. See § 44.1011(2), Fla....

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Avril v. Civilmar, 605 So. 2d 988 (Fla. 4th DCA 1992).

Cited 6 times | Published | Florida 4th District Court of Appeal | 1992 WL 260952

...Neither circumstance is present here. At bottom, plaintiff's only basis for sanctions is merely that defendants were unwilling to make an offer of settlement satisfactory to him. The mediation statutes, however, do not require that parties actually settle cases. Section 44.1011(2), Florida Statutes (1991), explains that mediation: *990 is an informal and nonadversarial process with the objective of helping the disputing parties reach a mutually acceptable and voluntary agreement....

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Bland v. Green Acres Grp., L.L.C., 12 So. 3d 822 (Fla. 4th DCA 2009).

Cited 6 times | Published | Florida 4th District Court of Appeal | 2009 Fla. App. LEXIS 6048, 2009 WL 1456948

...As this article colorfully illustrates, defendant has no duty to assist service of process. To the contrary, plaintiff has the burden of finding some way to effect service without his cooperation. [18] MERRIAM-WEBSTER'S UNABRIDGED DICT. (CD ed.); AMERICAN HERITAGE DICT. (3d ed.) 1120. See also § 44.1011, Fla....

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Anheuser-Busch Companies, Inc. v. Staples, 125 So. 3d 309 (Fla. 1st DCA 2013).

Cited 4 times | Published | Florida 1st District Court of Appeal | 2013 WL 5567497, 2013 Fla. App. LEXIS 16026

“de-cisionmaking authority rests with the parties.” § 44.1011, Fla. Stat. The mediator lacks authority to adjudicate

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Toiberman v. Tisera, 998 So. 2d 4 (Fla. 3d DCA 2008).

Cited 4 times | Published | Florida 3rd District Court of Appeal | 33 Fla. L. Weekly Fed. D 2373

...that an entire legal action involving issues of child custody, visitation, and child support is not subject to arbitration. The language of Chapter 44 in effect during the arbitration between the Husband and the Wife also provided in pertinent part: 44.1011 Definitions....

...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. Section 44.1011(2), Florida Statutes (2006) (emphasis added)....

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

Cited 1 times | Published | Supreme Court of Florida | 2000 WL 124396

...It is an informal and non-adversarial process intended to help disputing parties reach a mutually acceptable agreement. Gregory Firestone, Ph. D. takes issue with the Committee's use of the term " impartial third person," rather than the statutory term " neutral third person." See § 44.1011(2), Fla....

...rd party acts to encourage and facilitate the resolution of a dispute without prescribing what it should be. It is an informal and non-adversarial process with the objective of helping the disputing parties reach a mutually acceptable agreement. [2] Section 44.1011(2), Florida Statutes provides: "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....

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Proposed Standards of Prof'l Conduct for Certified & Court-Appointed Mediators, 604 So. 2d 764 (Fla. 1992).

Published | Supreme Court of Florida | 17 Fla. L. Weekly Supp. 315, 1992 Fla. LEXIS 1041, 1992 WL 110885

and (6) self determination. Statutory Reference § 44.1011, Fla.Stat. *766RULE 10.030 GENERAL STANDARDS AND

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Comvest Imc Holdings v. Imc Grp. (Fla. Dist. Ct. App. 2019).

Published | District Court of Appeal of Florida

within the definition of “arbitration” in section 44.1011(1), Florida Statutes (2018): “a process whereby

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Newcastle Shipyards, LLC v. C & N Yacht Refinishing, Inc., 166 So. 3d 939 (Fla. 4th DCA 2015).

Published | Florida 4th District Court of Appeal | 2015 Fla. App. LEXIS 9252, 2015 WL 3759768

’ substance controls over title.”); see also § 44.1011(1)-(2), Fla. Stat. (2010) (defining arbitration

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Newcastel Shipyards, LLC, etc., Alpha Mar. Ltd., etc., & Alley, Maas, Rogers & Lindsay, PA, etc. (Fla. 4th DCA 2015).

Published | Florida 4th District Court of Appeal

...2008) (“Normally labels do not control; indeed, if an agreement specifies in detail a dispute resolution procedure which it calls ‘mediation’ (or anything else) but which is, in substance, FAA ‘arbitration,’ substance controls over title.”); see also § 44.1011(1)-(2), Fla....

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

Published | Florida 3rd District Court of Appeal

decision which may be binding or nonbinding.” § 44.1011(1), Fla. Stat. (2025). It is “an alternate forum

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