Florida Florida Statutes
§ 44.102 — Court-ordered mediation
FS § 44.102Ch. 44
Statute text
View on source(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.
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Legislative history
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