Data last verified: March 2026
Civil mediation in Palmetto Bay, Miami, and Coral Gables, FL, is a voluntary, confidential process governed by Chapter 44 of the Florida Statutes in which a neutral mediator helps two or more parties resolve a civil dispute — such as contract, business, property, probate, foreclosure, or personal injury — without a court trial.
Most cases in Miami-Dade County resolve in one to three sessions at a fraction of the cost of circuit court litigation.
Regina F. Zelonker, Esq., is a Florida Supreme Court Certified Circuit and County Civil Mediator serving Palmetto Bay, Miami, Coral Gables, and Miami-Dade County since 1978, mediating civil matters under Chapter 44 of the Florida Statutes.
Civil mediation is a voluntary, confidential dispute resolution process governed by Chapter 44 of the Florida Statutes in which a Florida Supreme Court Certified Circuit Civil Mediator facilitates structured negotiation between two or more parties to resolve a non-family civil dispute without a court trial.
The mediator represents no party, prescribes no outcome, and holds no authority to impose any resolution.
Under Florida Statute §44.403, a mediator’s role is to reduce obstacles to communication, assist in identifying issues, explore alternatives, and facilitate voluntary agreements — without determining the resolution.
Both parties retain full decision-making authority over every term of any agreement reached. All session communications are protected from disclosure under the Mediation Confidentiality and Privilege Act, Florida Statutes §§44.401–44.406.
Florida circuit courts may refer any civil action for monetary damages to mediation upon request of one party under §44.102(1)(a). Parties may also choose private mediation voluntarily before filing suit — or at any point after — keeping the matter entirely out of the court record.
Specification | Detail |
Governing statute | Chapter 44, Florida Statutes |
Mediator credential | Florida Supreme Court Certified Civil Mediator |
Mediator role | Neutral facilitator — represents no party, prescribes no outcome |
Confidentiality protection | Florida Statutes §§44.401–44.406, Mediation Confidentiality and Privilege Act |
Court referral authority | §44.102 — court may refer any filed civil monetary damages action |
Legal effect of the agreement | Written Settlement Agreement submitted for court entry as final judgment |
Service area | Palmetto Bay, Coral Gables, Miami-Dade County |
Civil mediation under Chapter 44 resolves any non-criminal civil dispute in which both parties are willing to negotiate. Zelonker mediates contract disputes, business disagreements, real estate conflicts, neighbor and homeowner association disputes, professional liability claims, partnership and shareholder disagreements, probate, and personal injury settlement negotiations.
Florida Statute §44.102 requires courts to refer filed civil monetary damages actions to mediation upon request of either party, making civil mediation both a voluntary pre-suit option and a court-ordered step in active litigation.
Dispute Category | Examples |
Contract disputes | Breach of contract, vendor disagreements, service agreement conflicts |
Business disputes | Partnership breakdowns, shareholder disagreements, and business dissolution conflicts |
Real estate conflicts | Boundary disputes, purchase agreement conflicts, title disagreements |
Neighbor and HOA disputes | Easement conflicts, noise and nuisance disputes, and HOA rule disagreements |
Professional liability | Fee disputes, service quality conflicts, professional obligation disagreements |
Personal injury | Pre-suit settlement negotiations, insurance claim disputes |
Estate and probate | Beneficiary disputes, will interpretation conflicts, and trustee disagreements |
Civil mediation and family mediation are both governed by Chapter 44 of the Florida Statutes and carry the same confidentiality protections under §§ 44.401–44.406, but they address different categories of disputes and require different mediator credentials.
Family mediation resolves divorce, parenting, and related domestic matters under Florida Supreme Court certification. Civil mediation resolves business, contract, property, and other non-family disputes under Florida Supreme Court certification.
Zelonker holds Florida Supreme Court certification in both family and civil mediation — a dual credential that allows her to mediate the full spectrum of disputes arising between individuals, businesses, and families in Miami-Dade County.
Factor | Civil Mediation | Family Mediation |
Governing disputes | Contract, business, property, tort, and non-family civil matters | Divorce, parenting plans, child support, and family law matters |
Mediator credential required | Florida Supreme Court Certified Circuit Civil Mediator | Florida Supreme Court Certified Family Mediator |
Governing statutes | Chapter 44, Florida Statutes | Chapter 44 + Chapter 61, Florida Statutes |
Confidentiality | §§44.401–44.406, Mediation Confidentiality and Privilege Act | §§44.401–44.406, same protection |
Court referral | §44.102 — upon request in civil monetary damages actions | §44.102 — upon court finding of dispute in family cases |
Zelonker — certified | Yes — Florida Supreme Court Certified Civil Mediator | Yes — Florida Supreme Court Certified Family Mediator |
A Florida civil mediation follows steps: an opening joint session to identify all issues, structured negotiation sessions in joint session or in private breakout sessions, and the drafting of the written Settlement Agreement.
All sessions are protected under the Mediation Confidentiality and Privilege Act, §§44.401–44.406.
Mediation conferences can be held via Zoom or in-person at her Miami-Dade County offices — 8925 SW 148 St., Suite 200, Miami, FL 33176, or 2030 South Douglas Road, Suite 105, Coral Gables, FL 33134. Learn more about Zelonker’s mediation approach and professional background.
Both parties meet together with Zelonker. Zelonker explains the mediation process, confirms the confidentiality framework, establishes ground rules, maps all disputed issues, and sets the negotiation agenda.
The parties negotiate each identified issue in structured sessions. Zelonker facilitates communication, identifies areas of agreement, manages impasse, and helps both parties evaluate options — without advising either party or advocating for either outcome. Zelonker conducts sessions jointly or in separate caucuses depending on the nature of the dispute.
When the parties reach full or partial agreement, Zelonker documents every agreed term in a written Settlement Agreement. Both parties sign the agreement, which may then be submitted to the Eleventh Judicial Circuit Civil Division for entry as a final judgment — carrying the same legal force as a court-imposed order once the agreement is ratified and incorporated into the judgment or order.
Yes. The Mediation Confidentiality and Privilege Act, Florida Statutes §§44.401–44.406, protects every civil mediation communication from disclosure. Every oral statement, written document, and proposal exchanged during a Zelonker civil mediation session is privileged, non-discoverable, and inadmissible in any subsequent court proceeding or arbitration, except as provided by law in limited circumstances.
The §44.405 privilege applies to both parties, all session participants, and the mediator, regardless of whether the process reaches a signed agreement or terminates without one. If no agreement is reached, the only communication to the court is a report that states that no agreement was reached.
No civil mediation communication enters the public record of the Miami-Dade Clerk of Court and Comptroller unless the parties jointly agree otherwise in writing.
Florida Statute §44.406 provides a civil remedy against any person who improperly discloses a mediation communication, giving the confidentiality protection practical enforcement weight beyond a statutory prohibition.
Civil mediation resolves most disputes in one to three sessions — faster, at lower cost, and with greater confidentiality than circuit court litigation. A civil court case in Miami-Dade County may take twelve months or more to reach trial, require extensive discovery, and generate a public court record that both parties must live with permanently.
The civil mediation process begins when both parties agree — no court filing, no scheduling delay, no mandatory disclosure to the public. The parties design the resolution, not the Court.
Factor | Civil Mediation | Circuit Court Litigation |
Decision-maker | The parties | Judge |
Timeline | Days to weeks | 12+ months is typical for contested matters |
Confidentiality | Full statutory protection, §§44.401–44.406 | Public court record disclosures are common |
Cost | Fraction of litigation cost | Attorney fees, court costs, and discovery expenses |
Relationship preservation | Structured to maintain working relationships | Adversarial by design |
Control over outcome | Parties design every term | Judge imposes outcome |
Flexibility | Creative, customized resolution | Constrained by the legal remedies available |
Zelonker is a Florida Supreme Court Certified Civil Mediator, a Florida Bar member since 1978, and the founder of Regina F. Zelonker, P.A., established in 1992.
Zelonker holds dual Florida Supreme Court mediator certifications — civil and family — and has practiced Florida law for 47 years from offices in Palmetto Bay, Miami,, and Coral Gables in Miami-Dade County.
Zelonker earned her Juris Doctor, cum laude, from the University of Miami School of Law in 1978 and her Bachelor of Business Administration, magna cum laude, in Accounting from the University of Miami in 1975.
Her legal and financial training allows her to engage substantively with the economic dimensions of civil disputes — contract valuations, business asset disagreements, and real estate conflicts — while maintaining strict neutrality throughout the mediation process.
Super Lawyers recognized Zelonker from 2019 to 2022, an award given to the top 5% of Florida attorneys.
Credential | Detail |
Florida Bar admission | 1978 |
Law degree | J.D., cum laude, University of Miami School of Law, 1978 |
Undergraduate degree | B.B.A., magna cum laude, University of Miami, Accounting, 1975 |
Civil mediator certification | Florida Supreme Court Certified Civil Mediator |
Family mediator certification | Florida Supreme Court Certified Family Mediator |
Collaborative credential | FACP Accredited Collaborative Professional, 2020 |
Professional recognition | Super Lawyers, 2019–2022 |
Florida Bar sections | Family Law Section; Alternative Dispute Resolution Section |
Professional memberships | Florida Academy of Professional Mediators; Collaborative Family Law Institute; My Collaborative Team, IACP |
Firm founded | Regina F. Zelonker, P.A., 1992 |
Office locations | 8925 SW 148 St., Suite 200, Miami, FL 33176; 2030 South Douglas Road, Suite 105, Coral Gables, FL 33134 |
Your civil dispute can be resolved privately, efficiently, and without going to court. Contact Regina F. Zelonker at (305) 804-2450 or at regina@zelonkerlaw.com.
What is civil mediation in Florida?
Civil mediation in Florida is a voluntary, confidential dispute resolution process governed by Chapter 44 of the Florida Statutes in which a Florida Supreme Court Certified Civil Mediator facilitates structured negotiation between two or more parties. The mediator represents no party and prescribes no outcome. Both parties retain full control over every agreed term.
What types of disputes does civil mediation resolve?
Civil mediation resolves any non-criminal civil dispute in which both parties are willing to negotiate, including contract disagreements, business and partnership conflicts, real estate and boundary disputes, neighbor and HOA conflicts, professional liability claims, probate, and personal injury settlement negotiations. Florida Statute §44.102 authorizes courts to refer any filed civil monetary damages action to mediation upon the request of one party.
Is civil mediation confidential in Florida?
Yes. The Mediation Confidentiality and Privilege Act, Florida Statutes §§44.401–44.406, protects every civil mediation communication from disclosure. Statements, documents, and proposals made in sessions are privileged, non-discoverable, and inadmissible in any subsequent proceeding — regardless of whether mediation reaches a signed agreement.
How long does civil mediation take in Florida?
Most civil mediation cases with Zelonker resolve in one to three sessions, each lasting two to four hours, or longer as the parties determine. Pre-litigation civil mediation can begin within days of both parties agreeing to participate — compared to the twelve or more months a contested Miami-Dade County circuit court case typically requires to reach trial.
Do I need an attorney for civil mediation in Florida?
Attorney representation is not required to participate in civil mediation. Both parties may negotiate directly in sessions. Many clients choose to consult an attorney privately before and after sessions to confirm their legal rights, without having counsel present during mediation.
Is a civil mediation settlement agreement legally binding in Florida?
Yes. A written Settlement Agreement signed by both parties carries full legal force. When submitted to the Court, the agreement is entered as an order or final judgment under Florida law — enforceable with the same authority as any court-ordered resolution.
Can civil mediation happen before a lawsuit is filed?
Yes. Private civil mediation may begin before any lawsuit is filed, allowing both parties to resolve a dispute without a public court record. Pre-suit mediation with Zelonker is available for any civil matter at any stage — from early disagreement through active litigation.
What happens if civil mediation does not reach a full agreement?
If the parties reach a partial agreement, Zelonker documents the agreed terms, and the remaining issues may proceed to court. If no agreement is reached, all mediation communications remain fully protected under §§44.401–44.406 — neither party may introduce any mediation statement as evidence in any subsequent court proceeding.
