Florida Statute 44.405 - 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. 44.405

44.405 Confidentiality; privilege; exceptions.—

(1) Except as provided in this section, all mediation communications shall be confidential. A mediation participant shall not disclose a mediation communication to a person other than another mediation participant or 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.

(2) A mediation party has a privilege to refuse to testify and to prevent any other person from testifying in a subsequent proceeding regarding mediation communications.

(3) If, in a mediation involving more than two parties, a party gives written notice to the other parties that the party is terminating its participation in the mediation, the party giving notice shall have a privilege to refuse to testify and to prevent any other person from testifying in a subsequent proceeding regarding only those mediation communications that occurred prior to the delivery of the written notice of termination of mediation to the other parties.

(4)(a) Notwithstanding subsections (1) and (2), there is no confidentiality or privilege attached to a signed written agreement reached during a mediation, unless the parties agree otherwise, or for any mediation communication:

1. For which the confidentiality or privilege against disclosure has been waived by all parties;

2. That is willfully used to plan a crime, commit or attempt to commit a crime, conceal ongoing criminal activity, or threaten violence;

3. That requires a mandatory report pursuant to chapter 39 or chapter 415 solely for the purpose of making the mandatory report to the entity requiring the report;

4. Offered to report, prove, or disprove professional malpractice occurring during the mediation, solely for the purpose of the professional malpractice proceeding;

5. Offered for the limited purpose of establishing or refuting legally recognized grounds for voiding or reforming a settlement agreement reached during a mediation; or

6. Offered to report, prove, or disprove professional misconduct occurring during the mediation, solely for the internal use of the body conducting the investigation of the conduct.

(b) A mediation communication disclosed under any provision of subparagraph (a)3., subparagraph (a)4., subparagraph (a)5., or subparagraph (a)6. remains confidential and is not discoverable or admissible for any other purpose, unless otherwise permitted by this section.

(5) Information that is otherwise admissible or subject to discovery does not become inadmissible or protected from discovery by reason of its disclosure or use in mediation.

(6) A party that discloses or makes a representation about a privileged mediation communication waives that privilege, but only to the extent necessary for the other party to respond to the disclosure or representation.

History.—s. 4, ch. 2004-291.

F.S. 44.405 on Google Scholar

F.S. 44.405 on CourtListener

Amendments to 44.405

Annotations, Discussions, Cases:

Cases Citing Statute 44.405

Total Results: 19

Florida Hosp. Waterman, Inc. v. Buster

984 So. 2d 478, 2008 WL 596700

Supreme Court of Florida | Filed: Mar 6, 2008 | Docket: 1288177

Cited 68 times | Published

Fla. (creating section 90.509). [13] See, e.g., § 44.405, Fla. Stat. (2006) (providing a privilege for

Trytek v. Gale Industries, Inc.

3 So. 3d 1194, 34 Fla. L. Weekly Supp. 247, 2009 Fla. LEXIS 257, 2009 WL 465808

Supreme Court of Florida | Filed: Feb 26, 2009 | Docket: 1170013

Cited 28 times | Published

confidential either by agreement or statute. See, e.g., § 44.405(1), Fla. Stat. (2008) ("Except as provided in

Maplewood Partners, L.P. v. Indian Harbor Insurance

295 F.R.D. 550, 2013 WL 3853388, 2013 U.S. Dist. LEXIS 103309

District Court, S.D. Florida | Filed: Jul 16, 2013 | Docket: 66051501

Cited 7 times | Published

a mediation privilege, pursuant to Fla. Stat. § 44.405. Florida law provides that all mediation communications

WELLS FARGO BANK, N.A. v. LARRY M. RICHARDS

226 So. 3d 920, 2017 Fla. App. LEXIS 12465, 2017 WL 3727048

District Court of Appeal of Florida | Filed: Aug 30, 2017 | Docket: 6145374

Cited 2 times | Published

proceeding regarding mediation communications." § 44.405(2), Fla. Stat. (2016). The attorneys bringing

Williams v. Williams

939 So. 2d 1154, 2006 WL 2987113

District Court of Appeal of Florida | Filed: Oct 20, 2006 | Docket: 1657498

Cited 2 times | Published

confidentiality as to the mediation communications. See § 44.405, Fla. Stat. (2005). [3] The Husband waived the

Travelers Indemnity Co. of Connecticut v. Attorney's Title Insurance Fund, Inc.

194 F. Supp. 3d 1224, 2016 U.S. Dist. LEXIS 88077, 2016 WL 3629606

District Court, M.D. Florida | Filed: Jul 7, 2016 | Docket: 64309542

Cited 1 times | Published

Florida’s Mediation Privilege Statute, Fla. Stat. § 44.405. Section 10 argues this statute required ATIF

In Re Petition of Dispute Resolution Rules

931 So. 2d 877, 31 Fla. L. Weekly Fed. S 295

Supreme Court of Florida | Filed: May 11, 2006 | Docket: 426046

Cited 1 times | Published

(2005). See ch. 2004-291, § 4, Laws of Fla. Section 44.405(4)(a) of the Act enumerates exceptions to the

PATRICIA GUY MOULTROP v. GEICO GENERAL INSURANCE COMPANY

District Court of Appeal of Florida | Filed: Sep 9, 2020 | Docket: 18420368

Published

privileged mediation communication pursuant to section 44.405, Florida Statutes (2019). The statute

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

the term “Settlement Sum” referred. Section 44.405, Florida Statutes (2018), states, in pertinent

MAGGY HURCHALLA v. SOUTH FLORIDA WATER MANAGEMENT DISTRICT

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

Published

court relied upon section 44.102(3), as well as section 44.405(1), Florida Statutes, in denying the relief

Abrams-Jackson v. Avossa

282 F. Supp. 3d 1268

District Court, S.D. Florida | Filed: Oct 13, 2017 | Docket: 64316267

Published

violations of Local Rule 16.2(g)(2) and Florida Statute § 44.405, and the striking of Defendants' confidential

Anderson v. McDonough

189 So. 3d 265, 2016 WL 1386091, 2016 Fla. App. LEXIS 5393

District Court of Appeal of Florida | Filed: Apr 8, 2016 | Docket: 3052077

Published

communications that occur during mediation. See § 44.405(1), Fla. Stat. (2012). As Anderson argues, the

Bradfield v. Mid-Continent Casualty Co.

15 F. Supp. 3d 1253, 2014 WL 1622794, 2014 U.S. Dist. LEXIS 58162

District Court, M.D. Florida | Filed: Apr 21, 2014 | Docket: 64294585

Published

Milgrim's list. .Pursuant to Florida Statute § 44.405, all mediation communications shall be confidential

Carles Construction, Inc. v. Travelers Casualty & Surety Co. of America

56 F. Supp. 3d 1259, 2014 WL 5439295

District Court, S.D. Florida | Filed: Mar 31, 2014 | Docket: 64298092

Published

are prohibited from publication by Fla. Stat. § 44.405.33 Motions to strike are properly directed at

Sun Harbor Homeowners' Ass'n v. Bonura

95 So. 3d 262, 2012 WL 2120923, 2012 Fla. App. LEXIS 9572

District Court of Appeal of Florida | Filed: Jun 13, 2012 | Docket: 60311164

Published

took place during mediation into evidence. See § 44.405(1), Fla. Stat. (2009) (“[A]ll mediation communications

Rodriguez v. Marble Care Int'l, Inc.

863 F. Supp. 2d 1168, 2012 U.S. Dist. LEXIS 160053, 2012 WL 1949360

District Court, S.D. Florida | Filed: Mar 5, 2012 | Docket: 65981549

Published

provided under federal law and Florida Statutes § 44.405.14 The proceed*1182ings may not be reported, recorded

Fidelity & Guaranty Insurance v. Ford Motor Co.

707 F. Supp. 2d 1300, 2010 U.S. Dist. LEXIS 38721

District Court, M.D. Florida | Filed: Apr 20, 2010 | Docket: 2405827

Published

pursuant to the mediation privilege in FLA. STAT. § 44.405(4). For a variety of reasons, which need not be

Trytek v. Gale Industries, Inc.

997 So. 2d 365, 33 Fla. L. Weekly Supp. 945, 2008 Fla. LEXIS 2379, 2008 WL 5170586

Supreme Court of Florida | Filed: Dec 11, 2008 | Docket: 1378676

Published

confidential either by agreement or statute. See, e.g., § 44.405(1), Fla. Stat. (2008) ("Except as provided in

In re Amendments to the Florida Family Law Rules of Procedure

905 So. 2d 865, 30 Fla. L. Weekly Supp. 408, 2005 Fla. LEXIS 1216, 2005 WL 1298100

Supreme Court of Florida | Filed: Jun 2, 2005 | Docket: 64839429

Published

violation of a confidentiality provision under section 44.405, Florida Statutes, must be knowing and willful