How does a Florida business or commercial dispute end up in mediation?
Most Florida business and commercial disputes reach mediation in one of two ways.
Most Florida business and commercial disputes reach mediation in one of two ways. First, by court order: under the Florida Rules of Civil Procedure (Rules 1.700–1.730), a judge may refer all or part of a contested civil matter to mediation at any time after responsive pleadings are filed, and in practice most circuit civil cases are ordered to mediation before trial. Second, by agreement: many commercial contracts contain a clause requiring the parties to mediate disputes before litigating or arbitrating. Either way, mediation has become a near-universal step in Florida commercial litigation, and it is frequently the point at which a business dispute actually resolves — well before the expense and uncertainty of trial.
Expert reviewer
Aleksas Barauskas
Aleksas A. Barauskas is a Florida Supreme Court Certified Circuit Civil Mediator and experienced business litigation attorney with nearly 20 years of experience resolving …
Reviewed September 18, 2026
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