Understanding the Mediation Process in Florida: A Smarter Alternative to Litigation

jvtaormina
Apr 25
4 min read

When facing a legal dispute in Florida—whether it’s a foreclosure, probate case, or personal injury claim—mediation is often a more efficient and less stressful path to resolution. Florida courts frequently require parties to attempt mediation before moving forward with litigation. But what exactly is mediation, and how does it benefit you?

In this blog post, we’ll explore the Florida mediation process, how it compares to litigation, and why working with an experienced attorney like Joe Taormina of TaorminaLawPA.com can help you achieve the best possible outcome.

What Is Mediation?

Mediation is a meeting that happens, usually via Zoom these days, with the Plaintiff and his/her lawyer, the Defendant and his/her lawyer, and a mediator, who is also a lawyer but is neutral and is trying to help the parties reach an agreement so they do not have to keep fighting in court. The mediator who facilitates discussion, helps each side maybe see the other side's perspective, and helps parties reach a mutually acceptable agreement.

Unlike a judge or jury, the mediator doesn’t make a ruling. Instead, the focus is on collaboration, problem-solving, and helping the parties maintain control over the outcome.

The Florida Mediation Process

The Florida mediation process is designed to be informal yet structured. Here’s how it typically works:

Introduction: The mediator explains the rules, outlines confidentiality, and clarifies their neutral role.
Opening Statements: Each party shares their perspective and desired outcome.
Negotiation: The mediator usually puts each side into a "breakout room" in Zoom. This is a virtual room where only the Plaintiff or Defendant and their attorney are, and the mediator goes back and forth in between the rooms to try to broker a deal. The mediator helps both sides communicate, often using private sessions (called “caucuses”) to explore settlement options.
Resolution: If an agreement is reached, it’s put in writing and signed by both parties.

If no agreement is reached, the case may proceed to litigation, but anything discussed in mediation remains confidential.

Types of Cases That Go to Mediation in Florida

Mediation is used across many areas of Florida law, including:

Probate: Probate usually involves inherited property or disputes over wills and trusts.
Personal Injury: Mediation is often used in car accident and slip-and-fall cases to negotiate settlements.
Foreclosure and Surplus Funds: Homeowners are often looking to resolve cases with HOAs, Banks, and Condo associations. Disputes involving foreclosure surplus funds can often be resolved through mediation.
Partitions: Joint property ownership cases are great for mediation.

At Taormina Law, P.A., Attorney Joe Taormina frequently represents clients in mediation sessions across a wide range of legal matters, helping them resolve disputes efficiently while protecting their rights.

Mediation vs. Litigation in Florida

When comparing mediation vs. litigation in Florida, the differences are striking:

	Mediation	Litigation
Cost	Lower	Higher legal fees and court costs
Time	Quicker resolutions (often in weeks)	Can take months or years
Privacy	Confidential	Public court record
Control	Parties control the outcome	Judge or jury decides
Stress	Informal and less adversarial	Formal and confrontational

For most clients, mediation is the preferred choice because it saves time and money, while promoting cooperation over conflict.

Mandatory Mediation in Florida Courts

In many cases, mandatory mediation in Florida courts is required before a trial date is set. This requirement applies to:

Most family law cases
Civil lawsuits involving damages under a certain threshold
Small claims disputes

Florida law encourages mediation as a way to reduce court backlog and give parties a chance to resolve their differences without a judge’s intervention.

If you’ve received a notice of mandatory mediation, don’t panic. Instead, consult with a skilled attorney who can prepare you for the session and represent your interests throughout the process.

What to Expect During Mediation

If you’re preparing for mediation in Florida, here’s what you can expect:

A less formal environment (sometimes held via Zoom)
A structured discussion, not a free-for-all
A chance to be heard without being interrupted
The ability to take breaks or have private attorney consultations
No pressure to settle—only agree if it’s right for you

Joe Taormina works closely with clients before and during mediation to ensure they understand their rights, feel confident in their position, and are ready to negotiate effectively.

Why Choose Attorney Joe Taormina for Mediation Representation?

Choosing the right attorney for mediation can make or break your case. Joe Taormina of Taormina Law, P.A. has a strong track record of success helping clients through the mediation process across Florida.

With a deep understanding of both legal strategy and human dynamics, Attorney Taormina:

Prepares comprehensive case summaries for mediation
Helps clients identify goals and bottom lines
Guides negotiation strategies with clarity and confidence
Ensures all agreements are legally sound and enforceable

Whether you’re navigating a contentious divorce or seeking to recover foreclosure surplus funds, Attorney Joe Taormina can help you resolve your dispute efficiently and effectively.

Ready to Schedule Your Mediation?

If you’ve been ordered to attend mediation—or simply want to avoid the costs and stress of court—contact Taormina Law, P.A. today. Attorney Joe Taormina can evaluate your case, explain the Florida mediation process, and represent you throughout.

📞 Call or visit TaorminaLawPA.com to schedule your consultation.