Do the Recent Amendments to the Florida Civil Procedure Rules Assist in a Successful Mediation?

Beginning on January 1, 2025, the Florida Rules of Civil Procedure were amended, with many changes implemented to attempt to improve the efficiency of the resolution of cases, whether it be by settlement or trial.

At first glance, it may not appear that these changes could impact the mediation of a case. However, mediation of a dispute cannot be handled in a vacuum. While mediation is scheduled for a specific date and time, usually not exceeding a couple of hours, the work by the parties to facilitate a successful mediation begins way before the parties enter the virtual mediation “room.”

Florida Rule of Civil Procedure 1.280 and its Potential Benefit to Early Mediation

One of the most beneficial changes to the rules include early initial discovery disclosures. This can facilitate an effective early mediation, since the parties are now required pursuant to Fla. R. Civ. P. 1.280 to make these initial disclosures within sixty (60) day of the service of the complaint. This presents an opportunity for the parties to obtain more information about their case quickly and without the necessity of propounding formal discovery requests.

Fla. R. Civ. P. 1.280(g) also now requires a party to supplement their responses to initial disclosures and discovery requests in a timely manner. This additional requirement should assist the parties in having up to date information when attending mediation. Many mediations meet a road block when one party presents critical additional information at the mediation that was not previously disclosed to the other party. The party learning of the additional information was not provided the opportunity to evaluate their position before the mediation utilizing this additional information since it was not previously disclosed. This could prevent the parties from utilizing the mediation process to effectively resolve a dispute, since all of the information was not available to both parties when preparing to attend the mediation. This update to the Florida Rules of Civil Procedure can assist both parties by requiring initial disclosures and discovery requests contain updated and correct information.

Mediation is only as effective as the parties are prepared to work towards a resolution of the disputed issues. More information earlier on in the case provides all parties the ability to better evaluate the strengths and weaknesses of their case which in turn prepares the parties to be better equipped to participate in a productive mediation.

Contact Florida Dispute Resolution, LLC

Contact Florida Dispute Resolution, LLC today to schedule your next mediation by emailing us at , or calling us at 954-416-8816. Our calendar is also included on our website and updated in real time to assist in a seamless scheduling process.