Is mediation required before litigating a real estate dispute in Florida?
Direct Answer
It depends on the forum and the contract. Florida courts frequently order civil cases to mediation before trial as a matter of case management, and many circuits will not set a final hearing until mediation has occurred.
It depends on the forum and the contract. Florida courts frequently order civil cases to mediation before trial as a matter of case management, and many circuits will not set a final hearing until mediation has occurred. In addition, a great many real estate contracts — including standard Florida Realtors/Florida Bar forms — contain a clause requiring the parties to attempt mediation before filing suit. If your contract has such a clause, attempting mediation is typically a contractual precondition to litigation. Even where it is not strictly required, mediation is almost always worth attempting first, given the cost and delay of real estate litigation.
Expert reviewer
Joseph P. Farina (Ret.)
The Honorable Joseph P. Farina (Ret.) is one of Florida's most respected dispute resolution professionals. A retired Chief Judge of Florida's Eleventh Judicial Circuit, …
Reviewed September 1, 2026
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