- Any mediation participant who knowingly and willfully discloses a mediation communication in violation of s. 44.405 shall, upon application by any party to a court of competent jurisdiction, be subject to remedies, including:
- Equitable relief.
- Compensatory damages.
- Attorney’s fees, mediator’s fees, and costs incurred in the mediation proceeding.
- Reasonable attorney’s fees and costs incurred in the application for remedies under this section.
- Notwithstanding any other law, an application for relief filed under this section may not be commenced later than 2 years after the date on which the party had a reasonable opportunity to discover the breach of confidentiality, but in no case more than 4 years after the date of the breach.
- A mediation participant shall not be subject to a civil action under this section for lawful compliance with the provisions of s. 119.07.
History.—s. 4, ch. 2004-291.
Source: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0044/Sections/0044.406.html