Property Insurance Disputes: When Is Mediation an Option in Florida?
Scope, price, cause, or coverage: an overview of the ways Florida homeowners and insurers resolve property claim disputes, and where mediation fits.
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.
Florida homeowners and condominium associations file a lot of property insurance claims, especially after hurricanes and heavy storms. Most claims are resolved without a fight. When they are not, it helps to know the options.
Common types of property claim disputes
- Scope. What was damaged and what needs repair or replacement. For example, part of a roof or the whole roof.
- Pricing. What the repairs should cost, often a gap between the insurer's estimate and the contractor's bid.
- Causation. What caused the damage: a covered event like wind, or something excluded such as wear and tear or long-term leaking.
- Coverage. Whether the policy covers the loss at all, or how deductibles, limits, and exclusions apply.
Which option fits best can depend on the type of dispute.
Option 1: The DFS property mediation program
Section 627.7015, Florida Statutes, sets up an informal, nonadversarial mediation program administered by the Florida Department of Financial Services (DFS) for residential property and commercial residential claims. It is generally available before appraisal or litigation begins. The insurer pays the cost of the conference, though a policyholder who misses a conference may have to pay for a rescheduled one. The insurer must send a representative with authority to settle the full value of the claim. The program does not cover commercial coverages, auto claims, or liability coverage disputes. Insurers are required to tell policyholders about this program. You request it through DFS, which assigns a mediator. DFS publishes eligibility details, such as minimum dispute amounts, on its website.
Option 2: Appraisal
Many property policies contain an appraisal clause. In appraisal, each side picks an appraiser, and the two appraisers choose an umpire. The panel decides the amount of loss. Appraisal is usually suited to disputes about value and scope, not whether there is coverage at all. It is more formal than mediation, the decision is generally binding on the amount, and each side usually pays its own appraiser and shares the umpire's fee. Read your policy, since the terms vary.
Option 3: Private mediation
The policyholder and insurer can agree to mediate privately at any stage, with a mediator they choose. Private mediation can work for disputes outside the DFS program, such as commercial property claims, or for claims that are already in litigation. It also lets the parties pick a date and format that suits them, including Zoom. Usually the parties share the mediator's fee unless they agree otherwise.
Option 4: Litigation and court-ordered mediation
If a lawsuit is filed, the court will very likely refer the case to mediation under the Florida Rules of Civil Procedure (rules 1.700 to 1.730). Even in litigation, most property cases settle before trial, and mediation is often where that happens.
Recent changes in Florida property insurance law
Florida passed major property insurance reforms in 2022 and 2023. Among other things, the legislature created a pre-suit notice requirement before a policyholder can sue over a property claim (section 627.70152, Florida Statutes), changed the rules on attorney fees in property insurance cases, and restricted assignment of post-loss benefits for policies issued on or after January 1, 2023. These changes affect the strategy and timing of disputes. Because the law continues to change, check current law with a Florida attorney before deciding how to proceed.
When private mediation can be useful
- The gap is mainly about scope or price, and both sides have estimates.
- There are several issues, such as dwelling, contents, and additional living expenses, that could be resolved together.
- The claim is outside the DFS program, for example a commercial property claim.
- A lawsuit is pending and the parties want to settle before more time and money are spent.
- The parties want a flexible date or a Zoom session.
What to bring
- Your full policy and declarations page
- All estimates, including the insurer's and your contractor's or public adjuster's
- Photos, videos, and any engineer or inspection reports
- Claim correspondence, denial or payment letters, and proof of payments received
- Receipts for emergency repairs and living expenses
The bottom line
There is no single right path for every property claim. The DFS program, appraisal, private mediation, and litigation each have their place, and they can sometimes be combined. A mediator is neutral and cannot tell you which path to choose, but an attorney or public adjuster can help you weigh them.
Iron City ADR offers private mediation for property and homeowners insurance claims, by Zoom statewide and in person in Sarasota and Manatee counties. Iron City ADR is not a DFS program mediator. To use the state program, contact DFS directly.
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