Eight Things to Prepare Before Florida Workers’ Comp Mediation in Miami-Dade

A mediation notice can feel like a deadline that appeared out of nowhere. In Florida, it follows a schedule. Forty days after a petition for benefits is filed, the judge of compensation claims notifies the parties that a mediation conference has been scheduled, unless a private mediation has been held or is set. Under section 440.25(1), mediation must take place within 130 days after the petition is filed. For a worker weighing workers’ comp mediation in Miami, preparation commonly includes the following.

1. The petition itself. Claims not raised in a petition and mediated generally cannot be decided later unless the parties stipulate in writing, under section 440.192(9).
2. The date and format. The notice sets the date. A continuance may be granted if the parties agree or if the requesting party shows circumstances beyond its control, and multiple petitions are consolidated into one mediation.
3. Medical documentation. When a worker is under a physician’s care, a copy of the physician’s request, authorization, or recommendation for treatment accompanies the petition, so those records often anchor the conversation.
4. Payment history. The petition identifies the periods and categories of compensation not timely provided, so wage and payment dates are useful to have close at hand.
5. Travel and out-of-pocket costs. Mileage claims list dates, purpose, and distance, so a clear log is useful.
6. Questions about each side’s position. The carrier’s response must list the benefits requested but not paid and explain the justification for nonpayment, which gives a natural list of questions.
7. The ground rules. Mediation is informal, and communications made during it are privileged and confidential. Statements made at the conference are inadmissible in proceedings under the chapter.
8. What an agreement means. The statute says that if both parties agree, the results are binding and neither has a right to appeal. If either side declines, a hearing remains available. If future medical care is part of a settlement, federal Medicare Secondary Payer laws also expect the parties to protect Medicare’s interests, and the federal agency describes a set-aside arrangement as its recommended method. Florida law and federal law operate side by side here.

Where Mediation Leads

If the parties resolve everything, the issues covered are done. If not, section 440.25(4)(b) requires the final hearing to be held and concluded within 90 days after the mediation conference, and the judge generally issues a final order within 30 days after the hearing.

Reach Out to Our Fort Lauderdale Workers’ Compensation Lawyers for Help

Mediation is a good moment to have guidance, and our Fort Lauderdale workers’ compensation lawyers can explain what an offer does and does not resolve. When we meet with clients from Miami-Dade and the rest of South Florida, we do it at the Sunrise, Fort Lauderdale, or West Palm Beach office of the Law Offices of David M. Benenfeld, P.A. Reach out and we will set a time.

Sources:
flsenate.gov/Laws/Statutes/2026/440.25 https://www.flsenate.gov/Laws/Statutes/2026/440.192 cms.gov/medicare/coordination-benefits-recovery/workers-comp-set-aside-arrangements