In every civil case the judge will eventually order the parties to mediate. The judge will not and cannot force a party to settle his or her claim at mediation, but more than 90 percent of lawsuits are settled out of court, and most of the time those settlements are procured through mediation. In almost all cases, a fair settlement is preferable to a stressful, expensive and uncertain trial. The mediation works because it allows the parties to meet in an informal forum and conduct a serious dialogue about the value case and the possibility of a settlement. The mediation is conducted under the guidance of a specially trained professional called the "mediator."

Mediation typically is set at a point in the lawsuit when the attorneys for each side have had ample opportunity to discover and evaluate the strengths and weaknesses of each side's case. The mediator is selected by agreement of the parties. If the parties cannot agree on a mediator, the judge will appoint one for the parties. In some courts the judge is more proactive and appoints the mediator without the approval of the parties. This action by the judge can undermine the mediation because the attorneys may not feel comfortable with the mediator. The mediation will take place in one of the attorneys' offices or at a central facility provided by the mediator or the court facility. Under the mediation rules, all parties and their attorneys must be present at the mediation. If an insurance company is involved, a company representative must be present at the mediation. The representative must come to the mediation with the authority to make the final decision on whether to settle and how much the company is willing to pay, up to the full amount of insurance coverage available.

A certified court mediator is a person who has fulfilled the necessary educational and experience requirements under Supreme Court of Florida Rules. Typically, a certified mediator is either an attorney of many years' experience or a retired judge; sometimes an accountant or a psychotherapist is listed as the mediator, but that is usually in a family law-related matter. The mediator's role is to assist the parties in reaching a settlement, not to act as a judge on the case. The mediator is usually an impartial person who can express to each side the other side's strengths and weaknesses without intimidation or chest pounding. This impartial perspective allows each side to view the other's side of the case so the parties can reach a compromise.

The typical mediation begins with a mediator sitting at the head of the table and the opposing sides and their attorneys seated on either side. The mediator gives a brief description of the process. Each side makes a brief opening statement of their positions. The parties then break into separate groups and are directed to remain in different rooms. The mediator shuttles back and forth among the parties and helps them analyze their cases and then takes offers and counteroffers in an attempt to reach a compromise settlement. Most of the time a settlement is reached. The parties then reconvene in the main conference room to sign the settlement agreement. Without a signed settlement agreement, the mediation is called an impasse and a written notice is sent to the judge, letting the court know the case needs to be sent to a trial docket.