What Is Mediation?
Mediation is a form of alternative dispute resolution in which a neutral third party (the mediator) helps the disputing parties reach their own voluntary settlement. The mediator does not decide the case or impose a result; instead, they facilitate communication, explore options, and help the parties find common ground. It is confidential, less formal than trial, and often far faster and cheaper.
How Mediation Works in Florida
Florida strongly favors mediation, and courts routinely order parties to mediate before trial under Chapter 44, Florida Statutes, and the Rules of Civil Procedure. Sessions are private and confidential — what is said generally cannot be used later in court. If the parties reach agreement, they sign a binding settlement; if not, the case proceeds toward trial. Florida certifies mediators and requires mediation in many civil, family, and foreclosure matters.
Why Parties Choose It
- Control — the parties craft their own outcome rather than leaving it to a judge or jury
- Cost and speed — usually much less expensive and quicker than trial
- Confidentiality and the preservation of business or family relationships
Related Terms
- Settlement Agreement — The product of a successful mediation
- Loss Mitigation — Often pursued through foreclosure mediation
- Mutual Release — Common in mediated settlements
Barnes Walker Litigation
Barnes Walker's litigation attorneys represent Florida clients in mediation and negotiated resolutions across civil and real estate disputes. Request a legal inquiry for assistance.
Florida Law Reference
Fla. Stat. Ch. 44
Governs court-ordered mediation and arbitration in Florida, including confidentiality of mediation communications and the framework for certified mediators.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC