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County Court Mediation

Originally published: April 2026 | Reviewed by Kim Torres

County Court Mediation

Florida county civil court resolves civil disputes valued between $8,001 and $50,000, excluding costs, interest, and attorney fees, under Section 34.01(1)(c), Florida Statutes, a threshold in effect since January 1, 2023. 

When the disputed amount exceeds $15,000, Florida law disqualifies the court’s subsidized mediation program and requires parties to retain a private Florida Supreme Court Certified Mediator. 

Torres Mediation, founded by Kim Torres, Esq., provides private county court mediation for civil disputes across all 67 Florida counties — virtually, confidentially, and with 48-hour scheduling.

Key Takeaways

  • Florida county civil court jurisdiction covers disputes from $8,001 to $50,000 under Section 34.01(1)(c), Florida Statutes — a threshold subject to CPI-based adjustment effective July 1, 2030.
  • County civil cases above $15,000 are ineligible for the court’s subsidized mediation program by statute and require a private Florida Supreme Court Certified Mediator.
  • Under Section 44.1011(2), Florida Statutes, decision-making authority in county court mediation rests exclusively with the disputing parties — the mediator facilitates resolution, and the judge does not decide the outcome.
  • Parties who retain a private Florida Supreme Court Certified Mediator for disputes above $15,000 control session scheduling, mediator selection, and session format — options the court’s subsidized program does not offer.

What Is County Court Mediation in Florida?

County court mediation is a confidential, structured dispute resolution process governed by Section 44.1011(2), Florida Statutes, in which a neutral Florida Supreme Court Certified Mediator helps two or more parties in a civil dispute reach a voluntary agreement. 

The mediator identifies contested issues, facilitates joint problem-solving, and explores settlement alternatives without prescribing any outcome or issuing a ruling. Decision-making authority belongs exclusively to the disputing parties — not to the mediator and not to the judge.

County court mediation is an “is-a” category within Florida’s Alternative Dispute Resolution framework: county court mediation is a voluntary, confidential negotiation process that operates within the jurisdiction of Florida county courts and produces outcomes that both parties control. 

County court mediation differs from arbitration, in which an arbitrator issues a binding decision, and from litigation, in which a judge or jury determines the outcome. In county court mediation, no agreement is reached unless both parties sign it.

Florida county court mediation covers all civil cases within the county court jurisdiction, including small claims matters. Attorney presence at sessions is not required under Section 44.1011(2) — either party may attend without legal representation, making county court mediation the most accessible dispute resolution pathway in Florida’s civil court system for self-represented litigants. 

Under Florida Rule 10.100(c), updated effective January 1, 2025, under Florida Supreme Court Case No. SC2023-1537: mediators certified for circuit civil, family, or dependency matters may obtain county court certification through a defined qualification pathway, thereby raising the minimum standard for certified county court mediators statewide.

County Court Mediation at a Glance

ElementDetails
Governing statuteSection 44.1011(2), Florida Statutes
Jurisdiction (county civil)$8,001–$50,000 (excluding costs, interest, attorney fees) — Section 34.01(1)(c) F.S.
Small claims jurisdictionUp to $8,000
Court program eligibility cap$15,000 — cases above this require a private mediator by statute
Mediator certification standardFlorida Supreme Court Certified (Rule 10.100(c), updated Jan. 1, 2025)
Attorney required?No — parties may participate without counsel under §44.1011(2) F.S.
Confidentiality protection§44.405 F.S. — all mediation communications inadmissible at trial
Decision authorityDisputing parties only — the mediator does not decide the outcome
Voluntary initiationPermitted before or after filing under §44.102, Florida Statutes
Next jurisdiction adjustmentJuly 1, 2030 — CPI-based review under Section 34.01(1)(c) F.S.

Who Qualifies for County Court Mediation in Florida?

Florida county civil court jurisdiction under Section 34.01(1)(c), Florida Statutes, covers civil disputes with an amount in controversy between $8,001 and $50,000, excluding costs, interest, and attorney fees. 

Any individual, landlord, tenant, small business owner, contractor, or creditor with a qualifying civil dispute may use county court mediation — before or after filing a lawsuit.

Florida courts offer two mediation pathways for county civil disputes. The court’s subsidized mediation program — administered by judicial circuit ADR offices, such as the Fifth Judicial Circuit ADR Office — covers cases with an amount in controversy of $15,000 or less. 

County civil cases above $15,000 fall outside the subsidized program’s eligibility threshold by statute and require the parties to retain a private Florida Supreme Court Certified Mediator. 

Any party may also voluntarily retain a private mediator for disputes below $15,000, even where the court program remains available.

Court Program vs. Private Mediator: Florida County Civil Court

Case ValueCourt Program Available?Private Mediator Required?
Up to $8,000 (small claims)Yes — free or low-costNo (but permitted)
$8,001–$15,000 (county civil)Yes — subsidized programNo (but permitted)
$15,001–$50,000 (county civil)No — ineligible by statuteYes — required under Florida law

How Florida County Court Mediation Works

How Florida County Court Mediation Works

Florida county court mediation follows a defined procedural sequence governed by Florida Rule of Civil Procedure 1.710 (updated January 1, 2026) and the Florida Rules for Certified and Court-Appointed Mediators. Understanding each stage allows parties to enter a session prepared rather than reactive.

Stage 1 — Referral or Voluntary Initiation. 

A Florida county civil judge issues an Order of Referral to Mediation at or after a pretrial conference, or the parties voluntarily agree to mediate before or after filing under §44.102, Florida Statutes. For cases above $15,000, the order specifies that the parties must retain a private Florida Supreme Court Certified Mediator.

Stage 2 — Mediator Selection and Scheduling. 

For privately mediated cases, the parties select a Florida Supreme Court Certified Mediator by agreement. The mediator confirms the session date, format (in-person or virtual), and fee structure in writing before the session, consistent with Rule 10.380 of the Florida Rules for Certified and Court-Appointed Mediators. 

Florida Rule 1.720 requires that the first mediation conference be held within 60 days of the order of referral, unless the parties stipulate otherwise.

Stage 3 — The Mediation Session. 

The mediator opens the session by explaining the process, confirming confidentiality protections under §44.405, Florida Statutes, and establishing the mediator’s role as a neutral facilitator — not a judge, not an attorney for either party, and not an evaluator of legal merit. Each party presents the dispute from its perspective. 

The mediator then facilitates joint discussion and, where productive, private caucuses with each party separately. The mediator may identify common ground, surface unrealistic expectations, and offer creative settlement structures — without prescribing any outcome.

Stage 4 — Agreement, Partial Agreement, or Impasse. 

When both parties reach an agreement on all or some issues, the mediator or counsel reduces the agreement to writing, and all parties sign. A signed mediated settlement agreement is not confidential under §44.405(4)(a) — once signed, the agreement becomes a public, enforceable document. 

When filed with the assigned court, the judge enters the mediated settlement agreement as a court order carrying the same enforceability as a judicial ruling. If no agreement is reached, the mediator reports an impasse to the court, and the case proceeds to trial. 

No communications made during the mediation session may be used as evidence at trial under § 44.405, Florida Statutes — the impasse carries no evidentiary weight and imposes no penalty on either party.

Mediation Outcomes in Florida County Court

OutcomeWhat It Means
Full settlement agreementWritten, signed by both parties; filed with the court and entered as an enforceable court order
Structured payment planNegotiated payment schedule for debts, damages, or deposit returns — entered as a court order
Partial agreementSpecific issues resolved; remaining contested issues proceed to trial
Agreed dismissalAll claims settled; both parties jointly dismiss the pending court action
ImpasseNo agreement reached; case proceeds to trial — no penalty; all session communications remain confidential under §44.405 F.S.

Types of Civil Disputes That Qualify for County Court Mediation in Florida

Types of Civil Disputes That Qualify for County Court Mediation in Florida

The Florida county civil court handles a wide range of dispute categories within the $8,001–$50,000 jurisdiction. Each category below qualifies for county court mediation under Section 44.1011(2), Florida Statutes.

Landlord-Tenant Disputes

Security deposit claims, unpaid rent, habitability disputes, and lease breach actions governed by Florida Statute §83 (the Florida Residential Landlord and Tenant Act) account for a substantial share of Florida county civil filings. 

County court mediation resolves landlord-tenant disputes through binding written agreements on repayment timelines, deposit returns, and early lease termination conditions — without a trial date, a judgment on the tenant’s record, or the landlord waiting months for a court ruling.

HOA and Condo Association Disputes

Covenant violations, special assessment disputes, and architectural review conflicts between Florida homeowners and associations arise under Chapter 720, Florida Statutes (Florida Homeowners’ Association Act) and Chapter 718, Florida Statutes (Florida Condominium Act). 

County court mediation resolves HOA and condo association disputes — fence-line disagreements, parking enforcement conflicts, and fee challenges — so homeowners and boards reach binding agreements without litigation costs that routinely dwarf the disputed amounts.

Small Business and Contractor Disputes

Vendor collection actions, unpaid contractor invoices, independent contractor payment disagreements, and supply disputes between Florida businesses fall within county civil jurisdiction when the amount in controversy reaches $8,001–$50,000. 

Small business mediation resolves vendor and contractor disputes in weeks rather than the 12–18 months a contested county civil trial typically requires in Florida, allowing business operations to continue without prolonged exposure to litigation.

Consumer Debt Disputes

Debt collection lawsuits account for approximately 24% of all civil cases filed in Florida courts, according to data from the Florida Office of the State Courts Administrator. 

Consumer debt mediation allows creditors and debtors to negotiate structured payment plans or lump-sum settlements without extended litigation, so debtors resolve collection actions without attorney fees consuming the disputed amount.

Contract and Service Disputes

Breach-of-service agreements, warranty-claim disputes, and property-damage actions governed by Florida contract law qualify for county court mediation when the amount in controversy is between $8,001 and $50,000. 

Contract dispute mediation produces written settlement agreements that the court enters as enforceable orders — so neither party risks an unpredictable trial verdict on a commercial relationship worth preserving.

Confidentiality in Florida County Court Mediation

Confidentiality in Florida County Court Mediation

Confidentiality in Florida county court mediation is governed by the Mediation Confidentiality and Privilege Act, §§44.401–44.406, Florida Statutes. 

Under §44.405(1), all mediation communications are confidential — a mediation participant may not disclose any mediation communication to any person outside the mediation. 

Under §44.405(2), each mediation party holds a statutory privilege to refuse to testify and to prevent any other person from testifying in any subsequent proceeding about what was said during the session.

The confidentiality protection applies to all oral statements, written statements, and nonverbal conduct intended to make an assertion made during the course of mediation, as defined in §44.403(1). 

Three practical consequences follow. First, nothing said during the session — including offers, concessions, and admissions — may be introduced as evidence at trial. Second, the mediator may not be compelled to testify about mediation communications in any subsequent proceeding. 

Third, a party that fails to settle at mediation faces no evidentiary disadvantage at trial as a result of having attended or participated.

One critical exception applies: a signed, written mediated settlement agreement is not confidential under §44.405(4)(a). Once both parties sign the agreement, the agreement becomes an enforceable, public court document. Confidentiality protects the negotiation — not the outcome.

Why Private County Court Mediation Outperforms the Court Program

For Florida county civil cases above $15,000, retaining a private Florida Supreme Court Certified Mediator is not a preference — Florida law mandates it under the $15,000 subsidized program cap. 

For cases at or below $15,000, private mediation delivers advantages that the court program cannot match by structural design.

Court-program mediators serve rotating circuit assignments, conduct standardized intakes, and operate on court-calendar scheduling — typically 3–6 weeks from referral to session. 

A private Florida Supreme Court Certified Mediator selected by the parties conducts individualized pre-session case review, schedules sessions within 48 hours of contact, and conducts sessions in any format — virtual or in-person — across all 67 Florida counties. 

The parties also retain mediator continuity: the same mediator who reviews the case file conducts the session, rather than an assigned volunteer; the parties meet for the first time in the mediation room.

Court Program vs. Private Mediator: Direct Comparison

FactorCourt ProgramPrivate FSC Certified Mediator
Eligible case valuesUp to $15,000 onlyAny county civil case: $8,001–$50,000
Scheduling speedCourt calendar — 3–6 weeks out48-hour availability
Session formatIn-person only (most circuits)Virtual or in-person, all 67 Florida counties
Mediator selectionCourt-assigned rotationChosen by the parties
Pre-session preparationStandardized intakeIndividualized case file review
Mediator continuityAssignment variesSame mediator throughout

Torres Mediation schedules county court mediation sessions within 48 hours. Call Kim Torres, Esq. at (321) 821-9995 or email info@torresmediation.com to confirm your case type and next available date.

Kim Torres, Esq. — Florida Supreme Court Certified County Court Mediator

Kim Torres, Esq. is a Florida Supreme Court Certified Mediator in Circuit Civil, Family, and County court matters — and the principal mediator at Torres Mediation, located at 1600 Sarno Road, Suite 9, Melbourne, FL 32935. 

A Florida Bar member since 1985 and a law graduate of Florida State University College of Law, Kim Torres has practiced exclusively as a mediator for more than 20 years.

The Eighteenth Judicial Circuit of Florida recognized Kim Torres as Circuit Civil Mediator of the Year for Brevard County. 

Kim Torres currently serves as an Eldercaring Coordinator in a statewide Florida pilot program administered through the Eighteenth Judicial Circuit and previously served as President of the Florida Bar ADR Section.

Kim Torres holds active memberships with the Florida Academy of Professional Mediators, the Vassar B. Carlton Inn of Court, the Brevard County Bar Association, the Brevard Association of Women Lawyers, and the National Academy of Distinguished Neutrals. 

Torres Mediation serves all 67 Florida counties through virtual sessions — so parties statewide can access certified private mediation without travel costs or geographic limitations.

Unsure whether your dispute qualifies for county court mediation? Kim Torres, Esq. at Torres Mediation offers a free initial consultation. Call (321) 821-9995 or email info@torresmediation.com.

How to Schedule County Court Mediation with Torres Mediation

Torres Mediation confirms county court mediation sessions within one business day. Parties may initiate mediation voluntarily before or after filing a lawsuit under § 44.102, Florida Statutes — no court order is required to begin mediation.

  1. Contact Torres Mediation by phone at (321) 821-9995 or email at info@torresmediation.com to confirm case type, dollar amount, and county jurisdiction.
  2. Receive a written fee disclosure and available session dates within one business day of initial contact, consistent with Rule 10.380 of the Florida Rules for Certified and Court-Appointed Mediators.
  3. Confirm the session date — virtual or in-person, across all 67 Florida counties, at the parties’ preferred time.
  4. Submit payment 48 hours before the session. Fees are split equally between parties per Florida court convention and confirmed in writing in advance.
  5. Attend the mediation session — with or without an attorney. Attorney presence is not required under §44.1011(2), Florida Statutes.

Torres Mediation resolves Florida county civil disputes up to $50,000 — virtually, confidentially, and within 48 hours of scheduling. Call Kim Torres, Esq. at (321) 821-9995 or visit torresmediation.com/contact-kim to book your session today.

Frequently Asked Questions

Does county court mediation in Florida require an attorney? 

County court mediation in Florida does not require an attorney. Under Section 44.1011(2), Florida Statutes, negotiations are conducted primarily by the parties. Counsel may participate, but an attorney’s presence is not required. See mediation FAQs for additional guidance.

What is the difference between small claims and county civil court in Florida? 

Small claims court in Florida handles disputes up to $8,000. County civil court covers $8,001 to $50,000 under Section 34.01(1)(c), Florida Statutes. Cases above $15,000 in the county civil court require a private Florida Supreme Court Certified Mediator by statute.

Is a county court mediation agreement legally binding in Florida? 

A signed county court mediation agreement is legally binding in Florida. When filed with the assigned court, the agreement is entered as an enforceable court order under Chapter 44, Florida Statutes. Either party may seek judicial enforcement if the other fails to perform.

Are mediation communications confidential in the Florida county court? 

Yes. Under §44.405, Florida Statutes, all mediation communications are confidential and inadmissible at trial. Each party holds a statutory privilege that prevents any person from testifying about communications in session. A signed settlement agreement is the one exception — it is not confidential once executed.

What types of disputes go to the county civil court in Florida? 

Florida county civil court handles disputes between $8,001 and $50,000 under Section 34.01(1)(c), Florida Statutes — including landlord-tenant conflicts, HOA and condo disputes, contractor payment actions, consumer debt collections, and breach of service agreement claims.

Can parties start mediation before filing a lawsuit in Florida? 

Yes. Section 44.102, Florida Statutes, permits voluntary mediation before or after filing. Parties may initiate private county court mediation at any stage — including contract disputes and small business disagreements — before formal litigation begins.

What happens at a county court mediation session in Florida? 

The mediator opens by explaining the process and confirming confidentiality. Each party presents its position. The mediator facilitates joint discussion and private caucuses. If both parties agree, the mediator reduces the terms to a signed written agreement. If no agreement is reached, the case returns to the judge for trial with no penalty to either party.

What happens if the parties do not reach an agreement? 

If parties reach an impasse, the case returns to the assigned judge for trial. No penalty applies for not settling. Under §44.405, Florida Statutes, all session communications remain confidential and inadmissible at trial — the impasse carries no evidentiary weight against either party.

How soon can a county court mediation be scheduled with a private mediator? 

Florida’s court-program mediators typically schedule county civil sessions 3–6 weeks from referral. Private Florida Supreme Court Certified Mediators set their own calendars — Torres Mediation confirms county court mediation sessions within 48 hours of initial contact, with virtual availability across all 67 Florida counties.