Mediation is a process in which the parties to a dispute (and their attorneys) meet with a neutral, third-party mediator who works with the parties to resolve their differences and settle the dispute (often a lawsuit). In many civil lawsuits the court will order the parties to engage in mediation.

The parties are not required to settle or resolve their differences at mediation, and if they are unable to do so, the case will proceed to trial, with the judge or jury ultimately resolving the matters in dispute. Settlement talks or discussions at mediation are generally not admissible in evidence at trial.

In Florida, mediation is a common form of alternative dispute resolution that is often utilized in civil lawsuits. The process involves the disputing parties and their attorneys meeting with a neutral third-party mediator who assists them in negotiating a settlement. Florida courts frequently order mediation before a case goes to trial as a means to encourage settlement and reduce the court's caseload. While participation in mediation is generally mandatory when ordered by the court, reaching a settlement is not. Parties retain the right to proceed to trial if they cannot resolve their differences through mediation. Importantly, Florida law ensures that discussions and negotiations during mediation are confidential and protected. Under Florida Statutes, specifically section 44.102 and the Florida Rules of Civil Procedure, any settlement talks or discussions that occur during mediation cannot be used as evidence in a trial, which encourages open communication and negotiation during the mediation process.