eLaws of Florida

  SECTION 44.107. Immunity for arbitrators, mediators, and mediator trainees.  


Latest version.
  • 1(1) 2Arbitrators serving under s. 644.103 7or s. 944.104, 10mediators serving under s. 1444.102, 15and trainees fulfilling the mentorship requirements for certification by the Supreme Court as a mediator shall have judicial immunity in the same manner and to the same extent as a judge.
    46(2) 47A person serving as a mediator in any noncourt-ordered mediation shall have immunity from liability arising from the performance of that person’s duties while acting within the scope of the mediation function if such mediation is:
    83(a) 84Required by statute or agency rule or order;
    92(b) 93Conducted under ss. 9644.40197-9844.406 99by express agreement of the mediation parties; or
    107(c) 108Facilitated by a mediator certified by the Supreme Court, unless the mediation parties expressly agree not to be bound by ss. 12944.401130-13144.406132.

    133The mediator does not have immunity if he or she acts in bad faith, with malicious purpose, or in a manner exhibiting wanton and willful disregard of human rights, safety, or property.

    165(3) 166A person serving under s. 17144.106 172to assist the Supreme Court in performing its disciplinary function shall have absolute immunity from liability arising from the performance of that person’s duties while acting within the scope of that person’s appointed function.
History.-s. 5, ch. 89-31; s. 7, ch. 90-188; s. 1, ch. 95-421; s. 2, ch. 2004-291.

Note

Note.-Former s. 44.307.

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Cited by Court Cases:

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