Fla. Stat. 766.108
Mandatory mediation and mandatory settlement conference in medical negligence actions

(1)

Within 120 days after the suit is filed, unless such period is extended by mutual agreement of all parties, all parties shall attend in-person mandatory mediation in accordance with s. 44.102 if binding arbitration under s. 766.207 has not been agreed to by the parties. The Florida Rules of Civil Procedure shall apply to mediation held pursuant to this section.

(2)(a)

In any action for damages based on personal injury or wrongful death arising out of medical malpractice, whether in tort or contract, the court shall require a settlement conference at least 3 weeks before the date set for trial.Attorneys who will conduct the trial, parties, and persons with authority to settle shall attend the settlement conference held before the court unless excused by the court for good cause.

(2)(a)

In any action for damages based on personal injury or wrongful death arising out of medical malpractice, whether in tort or contract, the court shall require a settlement conference at least 3 weeks before the date set for trial.

(b)

Attorneys who will conduct the trial, parties, and persons with authority to settle shall attend the settlement conference held before the court unless excused by the court for good cause.

Source: Section 766.108 — Mandatory mediation and mandatory settlement conference in medical negligence actions, https://www.­flsenate.­gov/Laws/Statutes/2024/0766.­108 (accessed Aug. 7, 2025).

766.21
Misarbitration 766.31
Administrative law judge awards for birth-related neurological injuries 766.101
Medical review committee, immunity from liability 766.102
Medical negligence 766.103
Florida Medical Consent Law 766.104
Medical negligence cases 766.106
Notice before filing action for medical negligence 766.108
Mandatory mediation and mandatory settlement conference in medical negligence actions 766.110
Liability of health care facilities 766.111
Engaging in unnecessary diagnostic testing 766.112
Comparative fault 766.113
Settlement agreements 766.118
Determination of noneconomic damages 766.201
Legislative findings and intent 766.202
Definitions 766.203
Presuit investigation of medical negligence claims and defenses by prospective parties 766.204
Availability of medical records for presuit investigation of medical negligence claims and defenses 766.205
Presuit discovery of medical negligence claims and defenses 766.206
Presuit investigation of medical negligence claims and defenses by court 766.207
Voluntary binding arbitration of medical negligence claims 766.208
Arbitration to allocate responsibility among multiple defendants 766.209
Effects of failure to offer or accept voluntary binding arbitration 766.211
Payment of arbitration award 766.212
Appeal of arbitration awards and allocations of financial responsibility 766.301
Legislative findings and intent 766.302
Definitions 766.303
Florida Birth-Related Neurological Injury Compensation Plan 766.304
Administrative law judge to determine claims 766.305
Filing of claims and responses 766.306
Tolling of statute of limitations 766.307
Hearing 766.309
Determination of claims 766.311
Conclusiveness of determination or award 766.312
Enforcement of awards 766.313
Limitation on claim 766.314
Assessments 766.315
Florida Birth-Related Neurological Injury Compensation Association 766.316
Notice to obstetrical patients of participation in the plan 766.318
Civil liability for provision of sex-reassignment prescriptions or procedures to minors 766.1015
Civil immunity for members of or consultants to certain boards, committees, or other entities 766.1016
Patient safety data privilege 766.1065
Authorization for release of protected health information 766.1115
Health care providers 766.1116
Health care practitioner 766.1185
Bad faith actions 766.2021
Limitation on damages against insurers, prepaid limited health service organizations, health maintenance organizations, or prepaid health clinics 766.3145
Code of ethics

Current through Fall 2025

§ 766.108. Mandatory mediation & mandatory settlement conference in medical negligence actions's source at flsenate​.gov