Is mediation required in a Florida personal injury case?
In most Florida personal injury lawsuits, mediation is either required by the court or strongly encouraged before the case can go to trial. Once a personal injury suit is filed, Florida courts routinely order the parties to attend mediation as part of managing the case, and many judges will not set a trial date until a good-faith mediation has taken place.
In most Florida personal injury lawsuits, mediation is either required by the court or strongly encouraged before the case can go to trial. Once a personal injury suit is filed, Florida courts routinely order the parties to attend mediation as part of managing the case, and many judges will not set a trial date until a good-faith mediation has taken place. This does not mean you are required to settle — mediation is non-binding, and you cannot be forced to accept any offer. It simply means the parties must make a genuine attempt to resolve the case with the help of a neutral mediator before consuming the court’s trial resources. Because a large share of personal injury cases settle at or after mediation, it is often the most important day in the life of the case.
Expert reviewer
Herbert Berkowitz
Herbert M. Berkowitz is a Florida mediator, arbitrator, former Hillsborough County Court Judge, and veteran civil trial attorney with more than 50 years of …
Reviewed August 22, 2026
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