Presuit Mediation is an informal process where the parties meet with an impartial mediator in an attempt to address disputes and reach a mutual agreement resolving the disputes.
Mediation frequently is, but does not have to be, in connection with a lawsuit. While mediation may be ordered by the court, section 44.102, Florida Statutes, it may also be voluntarily initiated by the parties either before or after filing a lawsuit. Further, there are statutes that call for mediation when no lawsuit is pending.
Presuit Mediation has significant advantages over court-ordered mediation. Presuit Mediation occurs before costly litigation has ever been commenced and is handled outside the judicial system. Unlike court-ordered mediation, Presuit Mediation is not required to comply with the Florida Statutes and the Florida Rules of Civil Procedure requirements.