(1) Except as otherwise provided, ss. 44.401-44.406 apply to any mediation: (a) Required by statute, court rule, agency rule or order, oral or written case-specific court order, or court administrative order; (b) Conducted under ss. 44.401-44.406 by express agreement of the mediation parties; or (c) Facilitated by a mediator certified by the Supreme Court, unless the mediation parties expressly agree not to be bound by ss. 44.401-44.406. (2) Notwithstanding any other provision, the mediation parties may agree in writing that any or all of s. 44.405(1), s. 44.405(2), or s. 44.406 will not apply to all or part of a mediation proceeding.
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