Fla. R. Civ. P. 1.720

Mediation Procedures

sha256 580eda758979e1f2cf33d68cf7c42b50… · retrieved 7/11/2026, 11:08:34 AM · The Florida Bar consolidated ed. eff. 04-01-2026 · verified 7/11/2026 by founder-directive-2026-07-11

RULE 1.720. 	MEDIATION PROCEDURES
(a) 	Interim or Emergency Relief. A party may apply to the
court for interim or emergency relief at any time. Mediation shall
continue while such a motion is pending absent a contrary order of
the court, or a decision of the mediator to adjourn pending
disposition of the motion. Time for completing mediation shall be
tolled during any periods when mediation is interrupted pending
resolution of such a motion.
(b) 	Appearance at Mediation. A party is deemed to appear
at a mediation conference if the following persons are physically
present, or if authorized under rule 1.700(a), participating through
the use of communication technology:
(1) 	The party or a party representative having full
authority to settle without further consultation; and
(2) 	The party’s counsel of record, if any; and
(3) 	A representative of the insurance carrier for any
insured party who is not such carrier’s outside counsel and who
has full authority to settle in an amount up to the amount of the
plaintiff’s last demand or policy limits, whichever is less, without
further consultation.
(c) 	Party Representative Having Full Authority to Settle.
A “party representative having full authority to settle” shall mean
the final decision maker with respect to all issues presented by the
case who has the legal capacity to execute a binding settlement
agreement on behalf of the party. Nothing herein shall be deemed to
require any party or party representative who appears at a
mediation conference in compliance with this rule to enter into a
settlement agreement.
(d) 	Appearance by Public Entity. If a party to mediation is
a public entity required to operate in compliance with chapter 286,
Florida Statutes, that party is deemed to appear at a mediation
conference by the presence of a representative with full authority to
negotiate on behalf of the entity and to recommend settlement to

the appropriate decision-making body of the entity. Such
representative may be physically present or, if authorized under
rule 1.700 (a), may participate through the use of communication
technology.
(e) 	Certification of Authority. Unless otherwise stipulated
by the parties, each party, 10 days prior to appearing at a
mediation conference, must file with the court and serve all parties
a written notice identifying the person or persons who will appear at
the mediation conference as a party representative or as an
insurance carrier representative, and confirming that those persons
have the authority required by subdivision (b).
(f) 	Sanctions for Failure to Appear. If a party fails to
appear at a duly noticed mediation conference without good cause,
the court, upon motion, shall impose sanctions, including award of
mediation fees, attorneys’ fees, and costs, against the party failing
to appear. The failure to file a confirmation of authority required
under subdivision (e) above, or failure of the persons actually
identified in the confirmation to appear at the mediation conference,
shall create a rebuttable presumption of a failure to appear.
(g) 	Adjournments. The mediator may adjourn the mediation
conference at any time and may set times for reconvening the
adjourned conference notwithstanding rule 1.710(a). No further
notification is required for parties present at the adjourned
conference.
(h) 	Counsel. The mediator shall at all times be in control of
the mediation and the procedures to be followed in the mediation.
Counsel shall be permitted to communicate privately with their
clients. In the discretion of the mediator and with the agreement of
the parties, mediation may proceed in the absence of counsel
unless otherwise ordered by the court.
(i) 	Communication with Parties or Counsel. The mediator
may meet and consult privately with any party or parties or their
counsel.
(j) 	Appointment of the Mediator.

(1) 	Within 10 days of the order of referral, the parties
may agree upon a stipulation with the court designating:
(A) 	a certified mediator, other than a senior judge
presiding over civil cases as a judge in that circuit; or
(B) 	a mediator, other than a senior judge, who is
not certified as a mediator but who, in the opinion of the parties
and upon review by the presiding judge, is otherwise qualified by
training or experience to mediate all or some of the issues in the
particular case.
(2) 	If the parties cannot agree upon a mediator within
10 days of the order of referral, the plaintiff or petitioner shall so
notify the court within 10 days of the expiration of the period to
agree on a mediator, and the court shall appoint a certified
mediator selected by rotation or by such other procedures as may
be adopted by administrative order of the chief judge in the circuit
in which the action is pending. At the request of either party, the
court shall appoint a certified circuit court mediator who is a
member of The Florida Bar.
(3) 	If a mediator agreed upon by the parties or
appointed by a court cannot serve, a substitute mediator can be
agreed upon or appointed in the same manner as the original
mediator. A mediator shall not mediate a case assigned to another
mediator without the agreement of the parties or approval of the
court. A substitute mediator shall have the same qualifications as
the original mediator.
(k) 	Compensation of the Mediator. The mediator may be
compensated or uncompensated. When the mediator is
compensated in whole or part by the parties, the presiding judge
may determine the reasonableness of the fees charged by the
mediator. In the absence of a written agreement providing for the
mediator’s compensation, the mediator shall be compensated at the
hourly rate set by the presiding judge in the referral order. Where
appropriate, each party shall pay a proportionate share of the total
charges of the mediator. Parties may object to the rate of the

mediator’s compensation within 15 days of the order of referral by
serving an objection on all other parties and the mediator.
Committee Notes
2011 Amendment. Mediated settlement conferences pursuant
to this rule are meant to be conducted when the participants
actually engaged in the settlement negotiations have full authority
to settle the case without further consultation. New language in
subdivision (c) now defines “a party representative with full
authority to settle” in two parts. First, the party representative must
be the final decision maker with respect to all issues presented by
the case in question. Second, the party representative must have
the legal capacity to execute a binding agreement on behalf of the
settling party. These are objective standards. Whether or not these
standards have been met can be determined without reference to
any confidential mediation communications. A decision by a party
representative not to settle does not, in and of itself, signify the
absence of full authority to settle. A party may delegate full
authority to settle to more than one person, each of whom can serve
as the final decision maker. A party may also designate multiple
persons to serve together as the final decision maker, all of whom
must appear at mediation.
New subdivision (e) provides a process for parties to identify
party representative and representatives of insurance carriers who
will be attending the mediation conference on behalf of parties and
insurance carriers and to confirm their respective settlement
authority by means of a direct representation to the court. If
necessary, any verification of this representation would be upon
motion by a party or inquiry by the court without involvement of the
mediator and would not require disclosure of confidential mediation
communications. Nothing in this rule shall be deemed to impose
any duty or obligation on the mediator selected by the parties or
appointed by the court to ensure compliance.
The concept of self determination in mediation also
contemplates the parties’ free choice in structuring and organizing
their mediation sessions, including those who are to participate.

Accordingly, elements of this rule are subject to revision or
qualification with the mutual consent of the parties.

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