(1) 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:
- (a) Equitable relief.
- (b) Compensatory damages.
- (c) Attorney’s fees, mediator’s fees, and costs incurred in the mediation proceeding.
- (d) Reasonable attorney’s fees and costs incurred in the application for remedies under this section.
- (2) 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.
- (3) 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.