What Happens at Mediation in a Florida Personal Injury Lawsuit

What is mediation in a Florida personal injury lawsuit?

Mediation is a settlement meeting led by a neutral mediator. The mediator does not decide who is right and cannot force a settlement.

In Florida personal injury lawsuits, judges often order the parties to attend mediation before trial. The judge can refer a case to mediation, and the parties can also agree to mediate. For many civil lawsuits seeking money damages, Florida law requires the court to order mediation if a party requests it and the statutory conditions are met. Fla. Stat. § 44.102(2).

Once the court refers a case to mediation, the first session generally must take place within 60 days, unless the court orders a different schedule. Mediation may be held in person or, when authorized, by video. Fla. R. Civ. P. 1.700(a).

Settling is never required. The rules state that nothing in them requires a party who appears to enter into a settlement agreement (Rule 1.720(c)).

Who has to attend mediation?

You are expected to attend, with your lawyer. For an insured defendant, the rules require a representative of the insurance company who is not its outside lawyer and who has full authority to settle, without further consultation, up to the lesser of your last demand or the policy limits (Rule 1.720(b)). Unless the parties agree otherwise, each side must file a notice 10 days before mediation identifying who will attend with that authority (Rule 1.720(e)).

A party who fails to appear without good cause can face sanctions, including mediation fees, attorney's fees, and costs (Rule 1.720(f)). If you have a scheduling conflict or a health problem, tell your lawyer early.

How does a mediation day usually run?

Many mediations start with a joint session. The mediator explains the process and confidentiality, and the lawyers may briefly present their views. You will usually listen. The defense may describe weaknesses in your case. That can be hard to hear. It is part of the process.

Then the sides usually go to separate rooms, physical or virtual. The mediator moves between them, carrying offers and counteroffers and asking each side about its risks. Your lawyer may talk with you privately at any time (Rule 1.720(h)).

Expect long waits. Bring water, snacks, medications, a phone charger, and something to read. Plan for a full day. Early numbers are often far apart, and movement can be slow at first. Try not to read too much into any single move.

What stays confidential in mediation?

In general, what is said in mediation is confidential. A participant may not disclose a mediation communication except to other participants or a participant's counsel, and a party has a privilege to refuse to testify about mediation communications later (Fla. Stat. § 44.405(1)-(2)). There are exceptions. A signed written settlement agreement is not confidential unless the parties agree otherwise (§ 44.405(4)).

If the case does not settle, the mediator reports the lack of agreement to the court without comment or recommendation (Rule 1.730(a)). The judge does not hear the offers.

Confidential does not mean consequence-free. The insurance representative will still form an impression of you.

How should you prepare, and how does mediation end?

Meet with your lawyer beforehand. Useful topics include the strengths and risks of your case, possible outcomes at trial, case costs, and liens. Health insurers, Medicare, Medicaid, and others may have a right to be repaid from a settlement, so the amount offered is not the amount you take home. Think about your own goals: timing, closure, and future medical care.

If you settle, the agreement must be put in writing and signed (Rule 1.730(b)). Read it before you sign, and ask questions. You can always ask for a private moment with your lawyer before any decision.

If you do not settle, the case continues, and talks can continue after mediation.

This guide is general information about Florida practice as of October 2026, not legal advice.

Frequently asked questions

Do I have to settle at mediation?

No. The rules state that nothing in them requires a party who appears to enter into a settlement agreement (Fla. R. Civ. P. 1.720(c)).

Who from the insurance company will be at mediation?

For an insured defendant, the rules require a representative of the insurance company who is not its outside lawyer and who has full authority to settle, without further consultation, up to the lesser of your last demand or the policy limits (Rule 1.720(b)).

Will the judge find out what was offered at mediation?

No. If the case does not settle, the mediator reports the lack of agreement to the court without comment or recommendation (Rule 1.730(a)). The judge does not hear the offers.

How long does mediation take?

Plan for a full day. Expect long waits, and bring water, snacks, medications, a phone charger, and something to read.

Is the settlement amount what I take home?

Not necessarily. Health insurers, Medicare, Medicaid, and others may have a right to be repaid from a settlement, so the amount offered is not the amount you take home. Talk with your lawyer about liens and costs before mediation.

Sources

• Florida Rules of Civil Procedure (Oct. 1, 2026 ed.), Rules 1.700, 1.710, 1.720, 1.730: https://www-media.floridabar.org/uploads/2026/10/Civil-Procedure-Rules-10-01-26.pdf
• Florida Statutes (2026), § 44.102 (court-ordered mediation): https://www.flsenate.gov/Laws/Statutes/2026/44.102
• § 44.405 (confidentiality): https://www.flsenate.gov/Laws/Statutes/2026/44.405
• Florida Courts, Alternative Dispute Resolution: https://www.flcourts.gov/Resources-Services/Alternative-Dispute-Resolution

Related guides

• Preparing for Your Deposition in a Florida Personal Injury Case
• The Defense Medical Exam in a Florida Injury Lawsuit (Rule 1.360)