Florida Statute 44.102 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title V
JUDICIAL BRANCH

Chapter 44
MEDIATION ALTERNATIVES TO JUDICIAL ACTION

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F.S. 44.102

44.102 Court-ordered mediation.—

(1) Court-ordered mediation shall be conducted according to rules of practice and procedure adopted by the Supreme Court.

(2) A court, under rules adopted by the Supreme Court:

(a) Must, upon request of one party, refer to mediation any filed civil action for monetary damages, provided the requesting party is willing and able to pay the costs of the mediation or the costs can be equitably divided between the parties, unless:

1. The action is a landlord and tenant dispute that does not include a claim for personal injury.

2. The action is filed for the purpose of collecting a debt.

3. The action is a claim of medical malpractice.

4. The action is governed by the Florida Small Claims Rules.

5. The court determines that the action is proper for referral to nonbinding arbitration under this chapter.

6. The parties have agreed to binding arbitration.

7. The parties have agreed to an expedited trial pursuant to s. 45.075.

8. The parties have agreed to voluntary trial resolution pursuant to s. 44.104.

(b) May refer to mediation all or any part of a filed civil action for which mediation is not required under this section.

(c) In circuits in which a family mediation program has been established and upon a court finding of a dispute, shall refer to mediation all or part of custody, visitation, or other parental responsibility issues as defined in s. 61.13. Upon motion or request of a party, a court shall not refer any case to mediation if it finds there has been a history of domestic violence that would compromise the mediation process.

(d) In circuits in which a dependency or in need of services mediation program has been established, may refer to mediation all or any portion of a matter relating to dependency or to a child in need of services or a family in need of services.

(3) All written communications in a mediation proceeding, other than an executed settlement agreement, shall be exempt from the requirements of chapter 119.

(4) The chief judge of each judicial circuit shall maintain a list of mediators who have been certified by the Supreme Court and who have registered for appointment in that circuit.

(a) Whenever possible, qualified individuals who have volunteered their time to serve as mediators shall be appointed. If a mediation program is funded pursuant to s. 44.108, volunteer mediators shall be entitled to reimbursement pursuant to s. 112.061 for all actual expenses necessitated by service as a mediator.

(b) Nonvolunteer mediators shall be compensated according to rules adopted by the Supreme Court. If a mediation program is funded pursuant to s. 44.108, a mediator may be compensated by the county or by the parties.

(5)(a) When an action is referred to mediation by court order, the time periods for responding to an offer of settlement pursuant to s. 45.061, or to an offer or demand for judgment pursuant to s. 768.79, respectively, shall be tolled until:

1. An impasse has been declared by the mediator; or

2. The mediator has reported to the court that no agreement was reached.

(b) Sections 45.061 and 768.79 notwithstanding, an offer of settlement or an offer or demand for judgment may be made at any time after an impasse has been declared by the mediator, or the mediator has reported that no agreement was reached. An offer is deemed rejected as of commencement of trial.

History.—s. 2, ch. 87-173; s. 2, ch. 89-31; s. 2, ch. 90-188; s. 2, ch. 93-161; s. 10, ch. 94-134; s. 10, ch. 94-135; s. 44, ch. 94-164; s. 18, ch. 96-406; s. 2, ch. 97-155; s. 2, ch. 99-225; s. 2, ch. 2002-65; s. 1, ch. 2004-291; s. 31, ch. 2005-236.

Note.—Former s. 44.302.

F.S. 44.102 on Google Scholar

F.S. 44.102 on CourtListener

Amendments to 44.102

Annotations, Discussions, Cases:

Cases Citing Statute 44.102

Total Results: 44

Nordyne v. Florida Mobile Home Supply

625 So. 2d 1283, 1993 Fla. App. LEXIS 10648, 1993 WL 419166

District Court of Appeal of Florida | Filed: Oct 20, 1993 | Docket: 474261

Cited 34 times | Published

judgment served by FMHS on Nordyne referred to section 44.102. They referred to sections 45.061 and 768.79

In Re Amend. to Fla. Rules of Civ. Proc.

682 So. 2d 105, 1996 WL 627562

Supreme Court of Florida | Filed: Oct 31, 1996 | Docket: 2448566

Cited 29 times | Published

ensure the confidentiality provided for in section 44.102(3), Florida Statutes, and to prevent premature

Richard DeLisle v. Crane Co.

258 So. 3d 1219

Supreme Court of Florida | Filed: Oct 15, 2018 | Docket: 8030090

Cited 18 times | Published

requirements established by the Legislature in section 44.102, Florida Statutes (1993), to be unconstitutional

Massey v. David

979 So. 2d 931, 2008 WL 878488

Supreme Court of Florida | Filed: Apr 3, 2008 | Docket: 1408031

Cited 17 times | Published

persuasive. In Knealing, the supreme court found section 44.102(6)(b), Florida Statutes (1993), which allows

Gulliver Academy, Inc. v. Bodek

694 So. 2d 675, 1997 WL 45087

Supreme Court of Florida | Filed: Feb 6, 1997 | Docket: 1450586

Cited 16 times | Published

442). Specifically, in Knealing, we found that section 44.102, Florida Statutes (1993), which only altered

Knealing v. Puleo

675 So. 2d 593, 1996 WL 336080

Supreme Court of Florida | Filed: Jun 20, 1996 | Docket: 2448545

Cited 16 times | Published

public importance: DO THE TIME REQUIREMENTS IN SECTION 44.102, FLORIDA STATUTES (1993), REPRESENT AN UNCONSTITUTIONAL

Feldman v. Kritch

824 So. 2d 274, 2002 WL 1906229

District Court of Appeal of Florida | Filed: Aug 21, 2002 | Docket: 1729459

Cited 14 times | Published

authority in considering evidence in violation of section 44.102, Florida Statutes, and the Florida Rules of

Enterprise Leasing Co. v. Jones

789 So. 2d 964, 2001 WL 746654

Supreme Court of Florida | Filed: Jul 5, 2001 | Docket: 2553113

Cited 14 times | Published

Disclosing this information was in violation of section 44.102(3), Florida Statutes (2000)[1], which makes

Hudson v. Hudson

600 So. 2d 7, 1992 WL 83891

District Court of Appeal of Florida | Filed: Jul 8, 1992 | Docket: 539300

Cited 12 times | Published

judgment thereon. The motion to vacate was denied. Section 44.102(3), Florida Statutes (Supp. 1990), the statutory

Gordon v. Royal Caribbean Cruises Ltd.

641 So. 2d 515, 1994 Fla. App. LEXIS 8560, 1994 WL 466362

District Court of Appeal of Florida | Filed: Aug 31, 1994 | Docket: 1648463

Cited 11 times | Published

privileged from disclosure pursuant to Fla. Stat. § 44.102(3)[1] and that pursuant to Fla. R.Civ.P. 1.730

Brandsmart of West Palm Beach v. Dr Lakes

901 So. 2d 1004, 2005 WL 1163001

District Court of Appeal of Florida | Filed: May 18, 2005 | Docket: 646836

Cited 9 times | Published

that the settlement privilege contained in section 44.102(3), Florida Statutes (2001), did not apply

Wright v. Caruana

640 So. 2d 197, 1994 WL 398338

District Court of Appeal of Florida | Filed: Aug 2, 1994 | Docket: 1371137

Cited 8 times | Published

conclusion here is not altered by Florida Statutes Section 44.102(5)(b), (1991), which provides: Sections 45

Vitakis-Valchine v. Valchine

793 So. 2d 1094, 2001 WL 953412

District Court of Appeal of Florida | Filed: Aug 22, 2001 | Docket: 1266470

Cited 7 times | Published

mediation, with or without the parties' consent. See § 44.102(2), Fla. Stat. (2000). Communications during the

Dynasty Express Corp. v. Weiss

675 So. 2d 235, 1996 WL 332349

District Court of Appeal of Florida | Filed: Jun 19, 1996 | Docket: 1322934

Cited 7 times | Published

judgment in the amount of $270,000 pursuant to section 44.102, Florida Statutes. In his subsequently filed

DR Lakes, Inc. v. BRANDSMART USA

819 So. 2d 971, 2002 WL 1369825

District Court of Appeal of Florida | Filed: Jun 26, 2002 | Docket: 1498807

Cited 6 times | Published

occurred at the mediation hearing based on section 44.102(3), Florida Statutes (2001), which provides:

Grip Development, Inc. v. Coldwell Banker Residential Real Estate, Inc.

788 So. 2d 262, 2000 Fla. App. LEXIS 11908, 2000 WL 1345153

District Court of Appeal of Florida | Filed: Sep 20, 2000 | Docket: 1286433

Cited 6 times | Published

442). Specifically, in Knealing, we found that section 44.102, Florida Statutes (1993), which only altered

City of Delray Beach v. Keiser

699 So. 2d 855, 1997 WL 600620

District Court of Appeal of Florida | Filed: Oct 1, 1997 | Docket: 1693917

Cited 5 times | Published

abundantly clear to me by subsection (b) of section 44.102, which states: "Sections 45.061 and 768.79

Puleo v. Knealing

654 So. 2d 148, 1995 WL 71224

District Court of Appeal of Florida | Filed: May 18, 1995 | Docket: 1303680

Cited 5 times | Published

date of the trial. (Emphasis added.) However, section 44.102, Florida Statutes (1993) (Court-ordered mediation)

Chabad House-Lubavitch v. Banks

602 So. 2d 670, 1992 WL 161549

District Court of Appeal of Florida | Filed: Jul 15, 1992 | Docket: 1694131

Cited 5 times | Published

and appellant objected to its introduction. Section 44.102(3), Fla. Stat. (Supp. 1990). Furthermore, the

Fredericks v. Sturgis

598 So. 2d 94, 1992 WL 51248

District Court of Appeal of Florida | Filed: May 29, 1992 | Docket: 1737637

Cited 5 times | Published

completely without assets and income. SANCTIONS Section 44.102, Florida Statutes, permits a court to order

Ong v. Mike Guido Properties

668 So. 2d 708, 1996 Fla. App. LEXIS 1765, 1996 WL 86535

District Court of Appeal of Florida | Filed: Mar 1, 1996 | Docket: 1290414

Cited 4 times | Published

application of the tolling provisions set forth in section 44.102(6)(a), Florida Statutes (1993),[2] established

McKinlay v. McKinlay

648 So. 2d 806, 1995 WL 1524

District Court of Appeal of Florida | Filed: Jan 4, 1995 | Docket: 1343122

Cited 4 times | Published

Florida Statutes (1989) [subsequently renumbered § 44.102(2)], which stated: (2) Each party involved in

Fabber v. Wessel

604 So. 2d 533, 1992 WL 184048

District Court of Appeal of Florida | Filed: Aug 5, 1992 | Docket: 1686558

Cited 4 times | Published

disclosure. The judge denied disqualification. Section 44.102(3), Florida Statutes (1991), contains the following:

Yacht Club Southeastern, Inc. v. SUNSET HARBOUR NORTH CONDOMINIUM ASS'N, INC.

843 So. 2d 917, 2003 Fla. App. LEXIS 2620, 2003 WL 728957

District Court of Appeal of Florida | Filed: Mar 5, 2003 | Docket: 1243856

Cited 3 times | Published

Sunset Association during mediation. Relying on section 44.102(3), Florida Statutes (2001), the Sunset Association

Evans v. State

603 So. 2d 15, 1992 WL 156904

District Court of Appeal of Florida | Filed: Jul 10, 1992 | Docket: 1475996

Cited 3 times | Published

Court-Appointed Mediators, 604 So.2d 764, 768 (Fla. 1992); § 44.102(3), Fla. Stat. (1991). In contrast, the judge's

Estate of Cort v. Broward County Sheriff

807 So. 2d 736, 27 Fla. L. Weekly Fed. D 410

District Court of Appeal of Florida | Filed: Feb 13, 2002 | Docket: 1750784

Cited 2 times | Published

persuasive. In Knealing, the supreme court found section 44.102(6)(b), Florida Statutes (1993), which allows

Paranzino v. Barnett Bank of South Fla.

690 So. 2d 725, 1997 Fla. App. LEXIS 3136, 1997 WL 149246

District Court of Appeal of Florida | Filed: Apr 2, 1997 | Docket: 436954

Cited 2 times | Published

violation of the non-disclosure requirements of section 44.102, Florida Statutes (1993). We disagree. By violating

Murphy v. Tucker

689 So. 2d 1164, 1997 WL 90840

District Court of Appeal of Florida | Filed: Mar 5, 1997 | Docket: 1477449

Cited 2 times | Published

of judgment was purportedly made pursuant to section 44.102, Florida Statutes (1995). The offer did not

Cohen v. Cohen

609 So. 2d 785, 1992 WL 387660

District Court of Appeal of Florida | Filed: Dec 30, 1992 | Docket: 2510795

Cited 2 times | Published

Hudson v. Hudson, 600 So.2d 7 (Fla. 4th DCA 1992); § 44.102(3), Fla. Stat. (1991). We recognize that the appellant's

In Re Amendments to Fla. Rules for Mediators

762 So. 2d 441, 2000 WL 124396

Supreme Court of Florida | Filed: Feb 3, 2000 | Docket: 1311171

Cited 1 times | Published

amended in deference to the 1993 amendment to section 44.102, Florida Statutes, that engrafted an exception

YOLANDA ALVAREZ v. CITIZENS PROPERTY INSURANCE CORPORATION

District Court of Appeal of Florida | Filed: Jul 21, 2021 | Docket: 60073768

Published

ANALYSIS Section 44.102, Florida Statutes, permits a court to order

BRICKELL FINANCIAL SERVICES - MOTOR CLUB, INC. d/b/a ROAD AMERICA MOTOR CLUB and ROAD AMERICA MOTOR CLUB, INC. v. ROAD TRANSPORTATION, LLC d/b/a RoadsideMasters.com

District Court of Appeal of Florida | Filed: Jun 10, 2020 | Docket: 17237169

Published

but interpreted section 44.405’s predecessor, section 44.102(3), Florida Statutes (2001). Id. at 972-74

MAGGY HURCHALLA v. SOUTH FLORIDA WATER MANAGEMENT DISTRICT

District Court of Appeal of Florida | Filed: Sep 18, 2019 | Docket: 16211765

Published

transcript was exempt from disclosure pursuant to section 44.102(3), Florida Statutes (2017), which states:

In Re AMENDMENTS TO the FLORIDA RULES FOR CERTIFIED AND COURT-APPOINTED MEDIATORS

202 So. 3d 795, 41 Fla. L. Weekly Supp. 477, 2016 Fla. LEXIS 2362

Supreme Court of Florida | Filed: Oct 27, 2016 | Docket: 4483117

Published

-amended in deference--to- the 1993 amendment- -to section 44.102, F-l-or-ida-Stat-uteS) - that engrafted-an-

Morejon v. F & M Real Estate, Inc.

162 So. 3d 356, 2015 Fla. App. LEXIS 5017, 2015 WL 1542215

District Court of Appeal of Florida | Filed: Apr 8, 2015 | Docket: 2647629

Published

on a case-by-case basis in accordance with section 44.102, Florida Statutes, and Florida Rule of Civil

Areizaga v. Board of County Commissioners of Hillsborough County

935 So. 2d 640, 2006 Fla. App. LEXIS 13672, 2006 WL 2355985

District Court of Appeal of Florida | Filed: Aug 16, 2006 | Docket: 64846124

Published

program within the Attorney General’s office. Section 44.102(2)(a) and (b) set forth the circumstances under

Oglesby-Dorminey v. Lucy Ho's Restaurant

815 So. 2d 749, 2002 Fla. App. LEXIS 6102, 2002 WL 857302

District Court of Appeal of Florida | Filed: May 7, 2002 | Docket: 64814871

Published

442). Specifically, in Knealing, we found that section 44.102, Florida Statutes (1993), which only altered

Amendments to the Florida Rules of Civil Procedure

773 So. 2d 1098, 2000 Fla. LEXIS 2312, 2000 WL 1472356

Supreme Court of Florida | Filed: Oct 5, 2000 | Docket: 64802529

Published

ensure the confidentiality provided for in section 44.102(3), Florida Statutes, and to prevent premature

Neunzig v. Cornett

761 So. 2d 1174, 2000 Fla. App. LEXIS 7554, 2000 WL 790774

District Court of Appeal of Florida | Filed: Jun 21, 2000 | Docket: 64798508

Published

court properly referred it to mediation, see section 44.102(2)(c), Florida Statutes (1999), and Kurtz v

Enterprise Leasing Co. v. Jones

750 So. 2d 114, 1999 Fla. App. LEXIS 17102, 1999 WL 1243789

District Court of Appeal of Florida | Filed: Dec 23, 1999 | Docket: 64794501

Published

J., concurs specially, with opinion. . See section 44.102(3), Florida Statutes (1999), which provides

Hedergott v. Moon

678 So. 2d 445, 1996 Fla. App. LEXIS 8271, 1996 WL 446738

District Court of Appeal of Florida | Filed: Aug 9, 1996 | Docket: 64766718

Published

the Moons made an offer of judgment “pursuant to § 44.102 and/or § 768.79, Fla. Stat .offering to pay Hedergott

In re Amendments to the Florida Rules for Certified & Court-Appointed Mediators

661 So. 2d 807, 20 Fla. L. Weekly Supp. 519, 1995 Fla. LEXIS 1614, 1995 WL 583413

Supreme Court of Florida | Filed: Oct 5, 1995 | Docket: 64759496

Published

amended in deference to the 1993 amendment to section 44.102, Florida Statutes, that engrafted an exception

Kloster Cruise, Ltd. v. Huggett

631 So. 2d 383, 1994 Fla. App. LEXIS 1014, 1994 WL 45326

District Court of Appeal of Florida | Filed: Feb 15, 1994 | Docket: 64746124

Published

PER CURIAM. Affirmed. Section 44.102(3), Fla.Stat. (1989); Robbie v. City of Miami, 469 So.2d 1384 (Fla

Proposed Standards of Professional Conduct for Certified & Court-Appointed Mediators

604 So. 2d 764, 17 Fla. L. Weekly Supp. 315, 1992 Fla. LEXIS 1041, 1992 WL 110885

Supreme Court of Florida | Filed: May 28, 1992 | Docket: 64669548

Published

statistical compilations. Statutory References § 44.102(3), Fla.Stat. §§ 90.501-510, Fla.Stat. RULE 10