Mediation

Mediation is not optional.

This is the part injured workers most often misunderstand. Mediation in a Florida workers’ compensation case is not an alternative you may choose. It is a required step on the path to a hearing.

Section 440.192(9) makes the point from the other direction. Unless the parties stipulate in writing, only claims properly raised in a petition and that have undergone mediation may be considered for adjudication by a judge.

No mediation, no hearing.

The 130 day clock

Mediation, whether public or private, must be held within 130 days after the petition is filed. The order setting it gives the conference date.

If the parties agree to a private mediation, or if state mediators are not available within that window, the conference is held at the carrier’s expense within the 130 days, before a mediator certified under § 44.106.

If the parties cannot agree on a mediator within 10 days after the order date, the claimant notifies the judge in writing, and the judge appoints one within 7 days. Note where that obligation sits — it falls on the claimant to raise it.

What happens after mediation

If the case does not resolve, it moves toward a final hearing:

• The judge gives the parties at least 14 days’ advance notice of the pretrial hearing
• The final hearing must be held and concluded within 90 days after the mediation conference, allowing time to complete discovery.
• Continuances are granted only where the requesting party makes the required showing to the judge.

Mediation therefore sets the pace of the whole case. The 90 day hearing window runs from the mediation date, not from the petition.

What mediation is actually like

A mediator does not decide anything. They have no authority to rule on your claim, order a benefit, or find facts. Their role is to help the parties reach agreement.

In practice, you will usually be present with your attorney; the carrier will be represented and will have someone with settlement authority available. Conferences are frequently conducted remotely. Sessions typically run a few hours.

A substantial share of Florida workers’ compensation claims resolve at mediation—which is why preparation matters more than its informality suggests.

Where mediation goes wrong

• Treated as a formality. Workers arrive expecting a procedural box tick and are asked to decide their claim’s value on the spot.
• The medical record isn’t ready. Mediation happens within 130 days of the petition. If MMI, the impairment rating, or permanent restrictions are still unresolved, the claim cannot be valued properly.
• Benefits omitted from the petition. Anything not in the petition has not been mediated and cannot be adjudicated. Mediation cannot fix gaps in a petition.
• Mediator selection left to drift. If the parties do not agree within 10 days of the order, the claimant must notify the judge.
• Settling without understanding what closes. A settlement generally ends future medical benefits for the claim. That decision has lifelong consequences.

What this means for your claim

Mediation arrives faster than most people expect — within about four months of the petition — and it is often the moment the case is actually decided, whether or not anyone calls it that.

Go in knowing three things: what your claim is worth on the current medical record, what a settlement would close permanently, and what happens if you do not settle. If the medical picture isn’t developed enough to answer the first question, that is worth knowing before you walk in, not during.