Is mediation required before trial in a Florida civil case?
Often, yes. A Florida court must send a civil money damages case to mediation when a party asks and will pay or share the cost, with some exceptions.
Often, yes. Under section 44.102, Florida Statutes, a court must refer a filed civil action for money damages to mediation when one party asks and is willing to pay the cost or share it equitably.
Exceptions include debt collection cases, landlord and tenant disputes without a personal injury claim, medical malpractice claims and small claims cases. A court may also send other civil cases, or parts of them, to mediation.
Written mediation communications, other than a signed settlement agreement, are exempt from Florida's public records law.
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