Turn on any television, and you will see legal dramas depicting fiery courtroom trials culminating in massive jury verdicts. However, the reality of the Florida legal system is vastly different. Upwards of 90% of all personal injury lawsuits filed in Florida never see the inside of a courtroom. Instead, they are resolved in a quiet conference room during a process called Mediation. Understanding how to leverage this process is the most effective way to secure a maximum settlement without assuming the massive risks of a trial.
What is Mandatory Mediation?
Under Florida Statutes § 44.102, if a civil lawsuit is filed, the judge will almost always order the parties to attend mediation before they are allowed to schedule a trial date.
Mediation is a formal, confidential negotiation session facilitated by a neutral third party, known as the Mediator. The mediator is typically a retired judge or a highly experienced attorney certified by the Florida Supreme Court. Unlike a judge or an arbitrator, the mediator has absolutely no power to force a decision on you. Their only job is to highlight the weaknesses in both sides’ arguments and find a financial middle ground.
How the Process Works
Mediation usually begins with a joint session. You, your attorney, the defense attorney, and an insurance adjuster with the authority to write a check will sit in the same room. Both attorneys will give an “Opening Statement” summarizing their strongest arguments.
After the joint session, the parties separate into different rooms (known as caucusing). The mediator then shuttles back and forth between the rooms, carrying settlement offers and counteroffers. For example, your attorney may demand $200,000, and the defense may counter with $50,000. Over the course of several hours, the mediator will chip away at the defense’s stubbornness while advising you on the realistic risks of a jury trial, hoping to meet somewhere in the middle.
The “Confidentiality” Advantage
Florida law mandates that everything said during mediation is strictly confidential. If the insurance adjuster admits during mediation that their driver was likely texting, but the case doesn’t settle, you cannot use that admission against them in trial later. This confidentiality encourages brutal honesty from both sides.
Why Settle at Mediation?
Taking a case to a jury trial is a massive gamble. You could win $1 million, or you could lose and walk away with zero dollars, owing tens of thousands in court costs. Furthermore, if you win a trial, the insurance company will appeal the verdict, delaying your money for years.
If you reach an agreement at mediation, the defense signs a binding contract. The risk is eliminated, and you will typically have a check in your hand within 30 days. To ensure you don’t accept a lowball offer during these intense negotiations, always calculate your objective case value using data-driven tools prior to entering the mediation room.