What Happens During a Florida Civil Mediation?
From the order of referral to the signed agreement, here is what a typical Florida civil mediation looks like.
By Jeff Nungesser, Florida Supreme Court Certified County Mediator · Updated November 2026
General information, not legal advice. This article explains how mediation generally works in Florida. Rules and laws change, and every case is different. For advice about your situation, talk to a Florida attorney.
If you have a civil dispute in Florida, there is a good chance you will be asked to mediate it, either because a judge ordered it or because the other side suggested it. Knowing what to expect makes the day less stressful and more productive.
Step 1: How the mediation gets scheduled
In a pending lawsuit, the judge usually enters an order of referral to mediation under the Florida Rules of Civil Procedure (rules 1.700 to 1.730). The order sets a deadline and explains how the mediator is chosen. Often the parties have a short window to agree on a certified mediator. If they don't, the court may appoint one. Outside of court, the parties simply agree to mediate and book a date together.
County court or circuit court?
Which court a case is in matters for mediation, because Florida certifies mediators by court type. For cases filed on or after January 1, 2023, county courts hear civil disputes of $50,000 or less (not counting interest, costs, and attorney fees), and circuit courts hear disputes over $50,000. A Florida Supreme Court Certified County Mediator handles county court mediations. Circuit civil cases call for a certified circuit civil mediator, unless the parties agree otherwise as the rules allow. Jeff Nungesser is a certified county mediator. For private disputes not in court, the parties can choose any mediator they like.
Step 2: Before the session
The mediator sends confirmation, written fee terms, and often an agreement to mediate. Many mediators invite each side to send a short confidential summary: what the dispute is about, the key documents, what has been offered so far, and what is getting in the way of settlement. In court-ordered cases, the rules also require the parties to identify who will attend with settlement authority.
Use this time to organize your documents, talk with your attorney if you have one, and think honestly about your goals and the costs of continuing the dispute.
Step 3: The opening
On the day, the mediator introduces everyone and explains the ground rules: the mediator is neutral, does not decide the case, and does not give legal advice; participation in settlement is voluntary; and the discussions are generally confidential under Florida law. The mediator may then invite each side, or their attorneys, to give a brief opening statement.
Step 4: Joint discussion
Sometimes the parties stay together for a while to clarify facts and issues. A joint discussion can clear up misunderstandings quickly. In other cases, especially when emotions run high, the mediator moves to private sessions early. There is no single right format, and a good mediator adjusts to the people in the room.
Step 5: Caucus and negotiation
Most of the day is usually spent in caucus, where each side meets privately with the mediator. In caucus you can speak frankly about your concerns and priorities. The mediator asks questions, tests assumptions, and carries offers and responses between rooms. What you share privately stays private unless you give the mediator permission to share it.
Negotiation often comes in rounds. Early offers are rarely final. Patience helps, and so does focusing on interests, such as timing, payment terms, repairs, or an apology, not only on dollar amounts.
Step 6: Agreement or impasse
If the parties reach a settlement, the terms are written down and signed before everyone leaves. Rule 1.730 provides that a settlement in a court-ordered mediation must be in writing and signed by the parties and their counsel, if any. The mediator then reports to the court that the case settled.
If the parties do not settle, the mediator reports an impasse, without revealing what was said. The case simply continues. Many cases settle in the weeks after a mediation, building on progress made that day. Sometimes the parties reach a partial agreement that narrows the issues.
Costs and how fees are split
Private mediators charge by the hour. Unless the parties agree otherwise or the court orders a different split, each party usually pays its own share. Florida's mediator rules require the mediator to explain fees in writing before the session, and fees cannot depend on the outcome. Iron City ADR charges $125 per hour for county court matters, billed in 15-minute increments. See Fees & Policies for current rates and policies.
Tips for a productive day
- Bring the person who can actually agree to a settlement.
- Plan for the session to take several hours.
- Bring or have quick access to your key documents.
- Listen carefully, even when you disagree.
- Keep an open mind about creative terms.
Mediation gives the parties a rare chance to decide the outcome themselves rather than leaving it to a judge or jury. Coming prepared makes the most of it.
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