Last updated October 5, 2026.
Mediation is a private settlement meeting led by a neutral mediator, and the federal court in Miami orders almost every civil case into it before trial, including cruise injury cases. The mediator does not hear witnesses or decide who is right; the mediator helps both sides negotiate, and if they do not reach a written settlement, the case goes on to trial as scheduled (S.D. Fla. Local Rule 16.2).
For many injured passengers, mediation is the most important day of the case short of trial, and it is the one day the cruise line's decision makers must take part. This page explains the Southern District of Florida's mediation rule in plain terms: when it happens, who the mediator is, who must attend, what is confidential and how to prepare. It is part of our guide to cruise injury claims.
How does court-ordered mediation work, step by step?
Local Rule 16.2 of the U.S. District Court for the Southern District of Florida, as amended effective December 1, 2025, sets out the process:
- Order of referral. In every civil case except a short list of excluded types, the court enters an order referring the case to mediation. The trial date must be set no later than the date of that order.
- Choosing a mediator. Within 14 days of the order, the parties agree on a mediator and file a notice of selection. If they cannot agree, the plaintiff's lawyer asks the Clerk to appoint one, and the Clerk picks from the list of certified mediators on a blind, random basis.
- Scheduling. The plaintiff's lawyer coordinates a date and place with the mediator and the other lawyers. Mediation must be held no later than 60 days before the scheduled trial date.
- Written summaries. At least 14 days before the mediation, each side gives the mediator a confidential written summary of the case and the issues to be resolved, unless the mediator changes that requirement.
- The conference. The parties, their lawyers and the cruise line's claims representatives meet with the mediator, in person or by video.
- The report. Within 7 days, the mediator reports to the court whether the case settled, whether there was an impasse, whether the session was in person or by video, and whether anyone failed to participate.
- Settlement or trial. If the case settles, the lawyers file a notice of settlement within 2 court days (Local Rule 16.4). If not, the case is tried as originally scheduled.
Mediation fits into the overall schedule described in how long a cruise injury lawsuit takes in Miami federal court.
| Question | What the rule says | Local Rule |
|---|---|---|
| Which cases? | Every civil case except 13 listed types (such as habeas corpus, Social Security and student loan cases); injury cases are not excluded | 16.2(c), (d)(1) |
| Deadline to pick a mediator | 14 days from the order of referral; otherwise the Clerk appoints one at random from the certified list | 16.2(d)(1)(B) |
| Latest date to mediate | 60 days before the scheduled trial date | 16.2(d)(1)(A) |
| Confidential summary to the mediator | At least 14 days before the mediation | 16.2(d)(1)(C) |
| In person or video? | The parties decide; if they cannot agree, it is held by video-conference | 16.2(a)(2) |
| Who must take part? | All parties and required claims professionals, such as insurance adjusters, with full authority to settle, unless excused in writing by the court | 16.2(e) |
| Who pays the mediator? | The court's standing-order rate (mediator appointed by the Clerk) or a rate agreed in writing (mediator chosen by the parties); shared equally unless the parties agree otherwise; due within 45 days of the invoice | 16.2(b)(7) |
| Mediator's report | Within 7 days after the conference | 16.2(f)(1) |
| Confidentiality | Confidential and privileged under federal law and Florida Statutes section 44.405 | 16.2(g)(2) |
Who is the mediator?
A certified mediator in this court is a lawyer certified by the Chief Judge. To qualify, a lawyer must have been admitted to a bar for at least 10 consecutive years, be a member in good standing of The Florida Bar and the bar of the court, have substantial experience in federal cases, be certified as a Florida circuit court mediator, and have substantial experience as a mediator. The parties may instead agree on anyone else to serve.
Every mediator in the district must follow the Florida Supreme Court's standards of professional conduct for mediators, takes an oath, and can be disqualified for bias on the same grounds that would disqualify a judge. The mediator is neutral: the rule says the mediator does not review or rule on questions of fact or law and does not render any decision in the case.
The mediator is paid at the rate set by the court's standing order when the Clerk appoints the mediator, or at a rate agreed in writing when the parties choose one. Unless the parties agree otherwise, the cost is shared equally, and the mediator may not negotiate a shift of the fees from one side to the other (Local Rule 16.2(b)(7)). How your share is handled depends on your agreement with your lawyer; see how cruise injury lawyers get paid in Florida.
What happens on the day?
The rule describes mediation as a supervised settlement conference. Witnesses do not testify. The mediator's job, in the rule's words, includes suggesting alternatives, analyzing issues, questioning perceptions and conducting private caucuses, meaning separate meetings with each side. In many sessions, the sides spend much of the day in separate rooms or video breakout rooms while the mediator carries proposals and reasons back and forth.
Participation means real participation. By video, you must connect with both video and audio. In person, an individual party attends personally, not through an agent, and a company attends through a representative. The cruise line's claims professionals must take part with full authority to negotiate a settlement. The mediator reports non-participation, and the court can sanction a party that does not comply.
Nothing said or done at the conference binds you unless a written settlement is reached, and then only the terms of that settlement are binding. You decide whether to accept an offer.
What stays confidential?
Local Rule 16.2(g)(2) says all mediation proceedings are confidential and privileged under federal law and Florida Statutes section 44.405. They may not be recorded, placed into evidence, made known to the court or jury, or treated as an admission. Section 44.405 adds detail: a party may not disclose mediation communications to anyone other than another participant or counsel, and a party has a privilege to refuse to testify about them later.
There are limits. Under section 44.405, a signed written settlement agreement is not confidential unless the parties agree otherwise, and information that is otherwise admissible or discoverable does not become protected just because it was mentioned at mediation. So a medical record shown to the mediator can still be used at trial.
What changes the answer?
The judge's order
The judge can exempt a case from mediation or withdraw it at any time if it is not suitable (Local Rule 16.2(d)(4)), and the court can order a different format than the parties chose.
Whether you can travel
If the parties cannot agree on the format, the session is held by video (Local Rule 16.2(a)(2)). For passengers who live far from Miami, that matters; see whether you have to travel to Miami for your case.
How far discovery has gone
Mediation must happen at least 60 days before trial, but it can happen earlier. Earlier sessions may happen before key depositions or records are in, which can limit what either side is willing to do.
A limitation of liability action
When a vessel owner has filed to limit its liability, claims are handled in that proceeding first; see how the Limitation of Liability Act works against passengers.
Several injured people
Where family members or several passengers have claims from the same incident, each claimant is a party who must participate, and any agreement has to account for each claim. When one of them is a child, settling the child's claim carries extra approval rules; see what is different when your child was hurt on a cruise.
What does mediation look like in practice?
For example, imagine a passenger from Ohio who tore a knee ligament in a fall on board and sued in Miami. After her deposition and the medical examination the cruise line requested, the court's order of referral arrives. The lawyers agree on a certified mediator within 14 days, and because she cannot travel easily during recovery, the parties agree to mediate by video.
Two weeks before, each side sends the mediator a confidential summary. On the day, she joins from home with her lawyer on camera. After a short joint session, the mediator meets with each side separately through the day, testing each side's view of the evidence on whether the cruise line knew about the hazard. The mediator also presses both sides on her future medical needs. Late in the afternoon, the sides either sign a written settlement or the mediator declares an impasse, and the case stays on the trial calendar.
This example is hypothetical. It describes how the process works, not a past case or a result.
What mistakes do people make at mediation?
- Treating it as a formality. It is a court-ordered settlement conference with the other side's decision makers present, and it may be the best chance to resolve the case before trial.
- Arriving without current records. Missing bills, recent treatment notes or proof of lost income make it hard to discuss value.
- Joining by phone only, or stepping away. Video participation requires both video and audio, and non-participation is reported to the court.
- Posting about the case or repeating what was said. Mediation communications are confidential under section 44.405.
- Agreeing to terms you do not understand. Only a written settlement binds you, so read every term, including any release language, before signing. Our page on signing a release after a cruise injury explains what releases can give up.
What should you do this week if mediation is scheduled?
- Put the date on your calendar and block the full day.
- Gather your latest medical records, bills, receipts and proof of time missed from work.
- Write down how the injury affects daily life now, in a few plain sentences.
- Test your camera, microphone and connection if the session is by video, and pick a private room.
- Talk with your lawyer about the strengths and risks of your case and what a fair outcome would look like to you.
- Plan for childcare, work and transport so you can stay engaged all day.
Frequently asked questions
Do I have to settle at mediation?
No. You are not bound by anything said or done at the conference unless a written settlement is reached. If the case does not settle, it is tried as originally scheduled.
Will the judge learn what was offered?
The mediator reports only whether the case settled or was adjourned, whether there was an impasse, the format, and any failure to participate. Mediation proceedings may not be made known to the court or jury.
Can the cruise line send only its lawyer?
No, unless the court excuses it in writing. The rule requires the parties and required claims professionals, such as insurance adjusters, to take part with full authority to negotiate a settlement.
Can mediation happen more than once?
Yes. The mediator's report can say the case was adjourned for further mediation, and the parties can also agree to mediate again.
Who chooses the mediator if we cannot agree?
The plaintiff's lawyer files a request, and the Clerk designates a mediator from the court's list of certified mediators on a blind, random basis.
Where does in-person mediation take place?
The plaintiff's lawyer coordinates a date and location agreeable to the mediator and all counsel (Local Rule 16.2(d)(2)). For the Miami courts and local rules that frame the process, see our page for a cruise injury lawyer in Miami.
What happens if it does not settle?
The case continues toward the pretrial conference and trial. Our guide to what happens after you file in Miami federal court explains the remaining stages.