Florida Small Claims Mediation — What to Expect and How to Prepare

You show up to your small claims Pretrial Conference expecting to see a judge. Instead, you and the other party get sent to a mediator in a side room. This catches a lot of Florida defendants off guard, but court-annexed mediation is a standard part of the small claims process — and roughly 70–80% of cases settle at this stage.

How Mediation Works in Florida Small Claims

After the judge takes roll and confirms the issues in dispute at the Pretrial Conference, the court directs both parties to mandatory mediation under Chapter 44 of the Florida Statutes and Rule 7.090(f). A certified mediator — usually a trained volunteer or court-appointed professional — meets with both sides to help negotiate a resolution.

The mediator doesn't decide who's right. They facilitate a conversation, help both parties understand each other's positions, and explore whether a settlement is possible. Nothing you say during mediation can be used as evidence at trial — communications are confidential under Chapter 44.

What You Need to Bring

Don't walk into mediation empty-handed. Bring organized documentation that supports your position:

• Contracts, written agreements, or written estimates showing the terms of the deal
• Receipts, invoices, or bank statements proving payments made or work completed
• Photos or videos documenting the condition of property, completed work, or damage
• Text messages, emails, or written correspondence showing what both parties agreed to
• Any inspection reports, repair estimates, or professional assessments

Follow the three-copy rule: one set for you, one for the mediator (who shares with the judge if needed), and one for the other party.

The Full-Authority Requirement

If you're representing an LLC or corporation, the person who shows up must be authorized to represent the business and have full authority to settle the dispute on the spot — no "I'll need to check with my partner" or "let me call the owner." A nonlawyer representative must also have the party's signed written authority under Rule 7.090(f). Appearing without settlement authority can result in sanctions, including the court ordering you to pay the other side's attorney fees.

For individual defendants, the same principle applies practically even if it's less formal. Come prepared to make a decision, not just to listen.

Settling at Mediation

If both sides reach an agreement, the terms must be written into a stipulation. Both parties sign it, and it may be entered as a court order. If the court enters it, it's a binding court order — not just a handshake deal.

Pay attention to the details in the stipulation. If you're agreeing to pay in installments, make sure the document spells out exact payment amounts, due dates, and what happens if a payment is missed. Vague terms cause problems later.

What Happens if Mediation Fails

If you can't reach an agreement, the mediator reports an impasse to the judge. The court then sets a trial date, usually within 60 days of the Pretrial Conference. You'll get at least 10 days' advance notice.

At trial, the judge hears testimony and reviews evidence from both sides, then issues a judgment. Mediation failure doesn't count against you — it's simply the path that leads to a trial.

Prepare Before You Walk In

The Florida Small Claims Response Guide includes a mediation prep worksheet that helps you organize your evidence, calculate a reasonable settlement range, and understand the process before you're sitting across the table from the other party.

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