Board Certified Civil Trial Attorney
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Approved Mediator
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Approved Arbitrator
Board Certified Civil Trial Attorney
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Approved Mediator
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Approved Arbitrator
Personal Injury Mediation & Arbitration
Tampa Civil Mediation, LLC, a Tampa, Florida personal injury mediation practice, resolves auto, trucking, premises liability, and products liability disputes through confidential settlement rather than trial. Martino also serves as an arbitrator in personal injury disputes, hearing evidence from both sides and issuing a binding or non-binding decision when parties choose that path instead of a negotiated settlement.
Anthony T. Martino has tried personal injury cases to verdict for more than 45 years across Hillsborough County and the greater Tampa Bay area. That trial record shapes how he frames each side’s strongest and weakest issues during mediation, before parties schedule a mediation.
Personal injury mediation is a confidential settlement process in which a neutral mediator helps an injured party and a defendant or insurance carrier negotiate a resolution without a trial verdict. Hillsborough County circuit courts commonly refer contested personal injury matters to mediation, consistent with Fla. R. Civ. P. 1.700(a).
Parties with a dispute outside this list, including commercial and estate litigation, can review Tampa Civil Mediation’s other practice areas before scheduling.
A Hillsborough County circuit judge may order a contested personal injury matter to mediation under Fla. R. Civ. P. 1.700(a), and unless otherwise ordered by the court, the first mediation conference is held within 60 days of that referral order under Fla. R. Civ. P. 1.700(a)(1). Parties may also stipulate to mediation voluntarily at any point before trial, without waiting for a court order.
Florida personal injury mediators commonly bill by the hour, split among the parties, with a session minimum; this reflects prevailing Hillsborough County mediation practice rather than a fixed statutory rate. Total cost depends on the number of parties, case complexity, and whether the session is held in person or by video, so parties can budget accurately before scheduling.
Request a quote directly from Tampa Civil Mediation based on party count and case type.
A personal injury mediation conference opens with a joint session before moving into separate caucus rooms for each party. The mediator moves between rooms to discuss each side’s strongest and weakest issues privately, drawing on trial experience in comparable case types.
Parties who arrive with organized documentation, in Tampa Civil Mediation’s experience, typically move toward resolution faster. Florida mediation rules require a party representative with full authority to settle to attend, under Fla. R. Civ. P. 1.720, so a session does not end without an empowered decision-maker present.
Mediation, arbitration, and trial resolve a personal injury dispute through three different decision structures, and the right path depends on how much control the parties want over the outcome.
| Factor | Mediation | Jury Trial |
|---|---|---|
| Decision maker | The parties themselves | A judge or jury |
| Typical timeline | Weeks to a few months | Substantially longer, through discovery and a set trial date |
| Confidentiality | Mediation communications are confidential under Fla. Stat. § 44.405, though a signed settlement agreement itself is not | Public court record |
| Cost | Mediator fee, split among parties | Trial costs, expert witness fees, court costs |
| Outcome control | Parties control the settlement terms | Judge or jury issues a binding verdict |
| Factor | Mediation | Arbitration |
|---|---|---|
| Decision authority | Mediator facilitates, does not decide | Arbitrator hears evidence and decides |
| Binding outcome | Only if parties agree and sign | Binding or non-binding, per stipulation |
| Process formality | Informal, flexible negotiation | Formal, evidence-based hearing |
| Best fit | Parties want control over the result | Parties want a third-party ruling on the merits |
Parties who want a binding decision on the merits instead of a negotiated settlement can review arbitration services separately. Martino personally serves as arbitrator for parties who choose that path.
At a glance
Common Questions
Cost, attendance, confidentiality, and what happens if a case does not settle — with the governing rule or statute cited for each.
Florida mediators commonly bill hourly, split between the parties, with a session minimum reflecting prevailing local practice rather than a fixed rate. Cost depends on party count and case complexity, since additional co-defendants or carriers typically raise the minimum.
Often, yes. A circuit judge may order a contested personal injury matter to mediation under Fla. R. Civ. P. 1.700(a). Unless otherwise ordered by the court, the first conference is held within 60 days of the referral order. Parties may also voluntarily stipulate to mediation.
A party who misses a duly noticed mediation conference without good cause can be ordered to pay the opposing side’s mediator and attorney’s fees under Fla. R. Civ. P. 1.720. Courts treat unexcused absences as a sanctionable failure to appear.
Organize medical records and bills by treatment date, gather wage-loss documentation, and discuss a settlement range with counsel beforehand. A representative with full settlement authority must also attend under Fla. R. Civ. P. 1.720. Parties who arrive prepared typically reach a resolution faster.
Yes. Fla. R. Civ. P. 1.700(a) permits video mediation for personal injury cases when parties stipulate or the court orders it. Sessions are held on platforms such as Zoom or Microsoft Teams, with separate virtual caucus rooms mirroring an in-person conference.
A mediator facilitates negotiation toward a voluntary settlement and cannot decide the case, while an arbitrator hears evidence from both sides and issues a binding or non-binding decision. Arbitration functions more like a private judge ruling on the merits rather than a negotiated settlement. Martino serves as a neutral in both roles for Tampa personal injury disputes.
Yes. Under Fla. Stat. § 44.405, mediation communications are confidential, and parties have a privilege against their use in subsequent proceedings, subject to limited statutory exceptions. A signed settlement agreement itself, however, is not protected by that confidentiality.
Most sessions run from half a day to a full day. Multi-defendant trucking or products liability cases involving multiple insurance carriers typically require a full day to reach resolution.
Each party, their counsel of record, and a representative with full authority to settle must attend, under Fla. R. Civ. P. 1.720. Insurance carriers typically send an adjuster empowered to bind the company to any agreement reached at the table.
The mediator reports the lack of agreement to the court without comment or recommendation, under Fla. R. Civ. P. 1.730(a). The case then returns to the normal litigation track toward trial, and no settlement positions discussed at the table are disclosed to the judge.
Anthony T. Martino brings 45 years of civil trial experience to every mediation or arbitration table, helping counsel and carriers work through case risk before trial.
Check available dates for mediation or arbitration in Tampa Bay or statewide by video.
