Can Employment Discrimination Claims Be Mediated in Florida?

Yes. Employment discrimination claims under the Florida Civil Rights Act (FCRA), Chapter 760, Florida Statutes, are routinely mediated. The Florida Commission on Human Relations (FCHR) offers a free mediation program for charges filed with the Commission before a determination of reasonable cause. Participation is voluntary at the FCHR stage but highly recommended — cases that settle at this stage avoid the cost and delay of a formal investigation and administrative hearing. If the charge is cross-filed with the EEOC, the EEOC's free mediation program is also available and is separate from the FCHR process. Once a right-to-sue letter is issued and a civil action is filed in circuit court, the case is subject to the court's mandatory mediation order under Rule 1.700. Mediators handling employment discrimination claims should have familiarity with Title VII, the FCRA, the ADA, the ADEA, and FMLA. Settlement agreements in employment cases often include confidentiality clauses, non-disparagement provisions, and tax allocation language that require careful drafting.