Mediation in Florida

I’m Going to Mediation — Now What?

Please Note

This document is provided for educational and informational purposes only and is not legal advice. Mediation does not replace the need to seek independent legal counsel. A Glossary of Terms is included at the end of this document to assist readers.

What Is Mediation?

Mediation is a process that allows people involved in a dispute to discuss their issues and explore possible solutions with the assistance of a neutral third party, known as a mediator. The mediator does not decide who is right or wrong and does not impose a decision on the parties.

Instead, mediation allows the parties to maintain control over the outcome and work toward a resolution that addresses some or all of their concerns. Participation in mediation is voluntary, and reaching an agreement is not required.

Mediation is often helpful when communication has broken down or emotions are making productive discussion difficult. The mediator helps facilitate respectful communication and keeps the discussion focused on resolution. Mediators do not provide legal advice, therapy, or counseling.

What Happens If No Agreement Is Reached?

Mediation is commonly used by Florida courts, government agencies, businesses, and private individuals. When mediation is ordered by the court, it is known as court-ordered mediation.

If no agreement is reached during court-ordered mediation, the case returns to court, where a judge or jury will decide the outcome. The mediator will report only that an agreement was not reached—not what was discussed.

Advantages of Mediation

Mediation offers many benefits, including:

• Impartial facilitation by a neutral mediator

• Self-determination — the parties make the decisions

• Confidentiality (with limited statutory exceptions)

• Improved communication between parties

• Enforceable agreements when signed

• Flexible, creative solutions tailored to your needs

• Faster resolution than litigation

• Lower costs and reduced stress

• Greater understanding of how and why the dispute arose

Unlike trials or arbitration, mediation allows both parties to potentially achieve a “win-win” outcome.

Confidentiality in Mediation

Mediations in Florida are generally confidential under the Florida Mediation Confidentiality and Privilege Act (Sections 44.401–44.406, Florida Statutes).

Confidentiality applies automatically to court-ordered mediations and to mediations conducted by Florida Supreme Court Certified Mediators. Certain limited exceptions apply, including disclosures involving child abuse, elder abuse, or threats of criminal activity.

A signed mediation agreement is not confidential unless the parties agree and the law allows it. In many cases, agreements must be filed with the court.

What Is a Mediator?

A mediator is a neutral and impartial facilitator who helps parties communicate, clarify issues, and explore potential resolutions. The mediator does not take sides and does not make decisions for the parties.

Florida Supreme Court Certified Mediators must meet strict training and ethical requirements and are governed by the Florida Rules for Certified & Court-Appointed Mediators.

What Happens During Mediation?

Mediation typically begins with an explanation of the process and the mediator’s role. Each party is then given an opportunity to explain their concerns.

The mediator may meet with all parties together or may meet privately with each party in a caucus. Information shared in caucus is confidential unless permission is given to share it.

Mediation concludes in one of three ways:

1. A full or partial agreement is reached and signed

2. The mediator declares an impasse

3. The mediation is continued by agreement

How to Prepare for Mediation

• Consult an attorney if you have legal questions

• Organize your documents and timeline

• Understand the key issues and priorities

• Set realistic goals, but remain flexible

• Arrive on time and plan for parking or security

• Arrange childcare if needed

Mediation Fees & Payment Policies

Standard Circuit & Family Mediation

• First 3 hours: $400 total ($200 per party)

• Each additional hour: $200 per hour ($100 per party)

HOA Mediation

• First 3 hours: $350 total ($175 per party)

• Each additional hour: $175 per hour ($87.50 per party)

Payment Confirmation (Required)

All parties—whether represented by counsel or appearing pro se—must submit their $200 share to SettleMediation.us at least 72 hours (3 days) prior to the scheduled mediation via Zelle to:

oaacars4u@gmail.com

You will receive an email confirmation once payment is received and applied.
If confirmation is not received, contact us with:

• Your name

• Circuit case number

• Telephone number

Multiparty Mediations (3+ Parties)

• Flat fee: $350 total or $175 per party (paid in advance)

• Initial session: 2 hours included

• Additional time: $150 per party per hour

What the Mediation Fee Includes

Fees include:

• Mediator preparation time

• Telephone conferences

• Attendance at mediation

• Follow-up communications

• Drafting the mediated agreement

• Mediator’s Report to the Court

• Travel time (if applicable)

Pre-Suit & County Court Mediation

• $150 per hour (2-hour minimum: $300 total)

• Additional hours: $100 per hour

• 4-hour maximum or $500 per party per day

Attorney-Represented Parties

• Attorneys (not clients) must remit the $400 mediation fee 72 hours prior

• Additional hours must be paid within 48 hours after mediation

• Payment is not contingent upon settlement

• Past-due balances accrue interest and may suspend future mediations

Pro Se Parties

Unrepresented parties must pay 100% of their share in advance.
Minimum mediation fee: $400 total ($200 per party) unless waived by the mediator.

Full-Day Circuit Court Mediation

• 6-hour minimum or $3,000 total

• Due 3 days prior

• Shared equally between parties or $1,500 per party

Additional Expenses

Fees include routine administrative costs. Extraordinary expenses may be charged and divided equally. Parties agree to waive any court order provisions inconsistent with these rates.

Glossary (Selected Terms)

Caucus – A private meeting between the mediator and one party
Confidentiality – Protection of mediation communications
Impartiality – The mediator does not favor any party
Pro Se – Representing yourself without an attorney
Plaintiff / Defendant – The suing party / the responding party

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