We’ve Got Answers: Your Questions About Mediation Part Four

Q: What is a presuit mediation and when is it required?

A: When the parties to a legal dispute agree that mediation could help them avoid the cost of a lawsuit, they can take part in a presuit mediation. As its name implies, a presuit mediation is a mediation conference which is held before a lawsuit is filed.

While a presuit mediation is not technically subject to all of the same rules as a court-ordered mediation, for all intents and purposes the ground rules remain the same, particularly if a Florida Bar certified mediator is used. So, for example, all communications at mediation will still be subject to the confidentiality and privilege considerations in effect during a court-ordered mediation.

In addition to the agreement of the parties, a presuit mediation may be required by contract or by statute. To this point, many contracts provide that the parties must engage in mediation or arbitration before a lawsuit may be filed. Examples of statutorily required presuit mediation are found in Florida’s statutes concerning disputes in the context of condominium and homeowners’ associations. I will be addressing these statutes in an upcoming article.

If you’re involved in a legal dispute, it always makes sense to explore the possibility of a presuit mediation to avoid what may be unnecessary legal costs.

Gary Schaaf has been a Florida Supreme Court Certified Circuit Court Mediator since 1995. He can be reached for scheduling at gschaaf@beckerlawyers.com or by phone at (813) 527-3912, and you can read more about his background here.