How Does Insurance Mediation Work in Florida?
A plain-language look at how insurance disputes are mediated in Florida, who takes part, and what to expect.
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.
When a policyholder and an insurance company disagree about a claim, the dispute does not have to go straight to a courtroom. Mediation is one of the most common ways Florida insurance disputes are resolved. Here is how it works.
What insurance mediation is
Mediation is a meeting, in person or by video, where a neutral mediator helps the policyholder and the insurer talk through their disagreement and look for a settlement. The mediator does not decide who is right, does not rule on coverage, and does not adjust the claim. Any settlement is voluntary. If the parties don't agree, the dispute stays where it was, and each side keeps its other options.
Three common paths to insurance mediation
1. Court-ordered mediation. Once a lawsuit is filed, Florida judges routinely refer civil cases, including insurance cases, to mediation. The procedures are in the Florida Rules of Civil Procedure, rules 1.700 to 1.730. Rule 1.720 says who must attend: the party or a representative with full authority to settle, the party's counsel, and for an insured party, an insurance carrier representative with authority to settle up to the plaintiff's last demand or the policy limits, whichever is less.
2. Private mediation by agreement. The parties can agree to mediate at any time, before or during a lawsuit. They choose the mediator, the date, and the format, and they usually split the mediator's fee.
3. State programs run by the Department of Financial Services (DFS). Florida law created separate mediation programs for certain claims. Under section 627.7015, Florida Statutes, policyholders with residential property and commercial residential claims can request a DFS-administered mediation conference, generally before appraisal or litigation. The insurer pays the cost of the conference, except in some situations such as when the policyholder misses the session. DFS also runs a motor vehicle claim mediation program under section 627.745. These programs use mediators approved for the program, and you request them through DFS. They are different from private mediation with a mediator you hire.
Who attends
A typical insurance mediation includes:
- The policyholder (or the business owner or association representative)
- An insurance company representative with authority to settle, often an adjuster or claims manager
- Attorneys for either side, if they have them
- Sometimes a public adjuster, contractor, or other professional the policyholder brings
The person with authority to settle matters. A mediation works best when the people at the table can actually say yes.
How to prepare
Good preparation saves time and money. Gather:
- The policy, including the declarations page and any endorsements
- Estimates, invoices, and repair bids
- Photos and videos of the damage
- Letters and emails with the insurer, including any denial or partial payment letters
- A short summary of what you believe is owed and why
Many mediators ask for a brief written summary from each side a few days before the session. Think about your goals, and what a realistic settlement might look like, before you arrive.
What happens during the session
The mediator opens by explaining the process and the confidentiality rules. Often there is a joint session where each side summarizes its position. Then the parties usually move to separate rooms (or Zoom breakout rooms), called caucuses. The mediator goes back and forth, asking questions, carrying offers and counteroffers, and helping each side look at the risks and costs of continuing the dispute. The mediator stays neutral throughout and does not pressure anyone to settle.
Possible outcomes
- Full settlement. The terms are written down and signed by the parties before they leave.
- Partial settlement. Some issues are resolved, and others are left for later.
- Impasse. No agreement is reached. The parties keep all their rights and can continue to negotiate, go to appraisal if the policy allows it, or litigate.
In a court-ordered case, the mediator reports the outcome to the court, but not what was said.
Confidentiality
Florida's Mediation Confidentiality and Privilege Act (sections 44.401 to 44.406, Florida Statutes) generally keeps mediation communications confidential and privileged, with limited exceptions. That lets both sides speak candidly about strengths, weaknesses, and numbers without those statements being used against them later. A signed settlement agreement itself is generally not confidential in the same way.
Where a mediator's background fits
A mediator who understands how claims are reported, inspected, estimated, and paid can follow the discussion without a long explanation of the basics. That background helps the process move. It does not change the mediator's role: the mediator is a neutral and does not decide coverage or tell either side what the claim is worth.
Iron City ADR mediates insurance claim disputes privately and in court-referred cases, by Zoom statewide and in person in Sarasota and Manatee counties. Iron City ADR is not a DFS program provider. To request a state DFS mediation, contact the Department of Financial Services directly.
Related pages
Schedule your mediation
Pick a date on the live calendar, or reach out with questions about your case, timing, or format.