Florida Divorce Mediation

Mediation is the single most important event in a typical Florida contested divorce. Most cases settle in mediation, and the circuits in Miami-Dade, Broward, and Palm Beach require mediation before a contested family case can be set for trial. Even when not required by local rule, mediation gives the parties control over the outcome that a judge cannot offer.

How Florida Mediation Works

A neutral mediator -- typically a Florida Supreme Court Certified Family Mediator -- conducts the session. The parties and their attorneys usually sit in separate rooms ("caucus mediation"), and the mediator moves between them, carrying offers and counteroffers. Some mediators prefer to start in a joint session to identify the issues. Most family mediations are scheduled for either a half day or a full day, depending on complexity.

Mediation is governed by Florida Statutes Chapter 44 and the Florida Rules for Certified and Court-Appointed Mediators. All communications during the mediation are confidential under Florida Statutes § 44.405. The mediator cannot be subpoenaed to testify about what was said, and offers made in mediation are not admissible at trial.

Settlement Authority and the Mediated Agreement

If the parties reach agreement, the mediator drafts a Mediated Settlement Agreement. Under Florida Family Law Rule of Procedure 12.741, a written settlement signed by both parties and their counsel at the conclusion of mediation is enforceable immediately. Either party may then move for the court to enter a final judgment that incorporates the terms.

If the agreement covers some but not all issues, the parties prepare a partial Mediated Settlement Agreement, the resolved issues are taken off the table, and only the remaining issues proceed to trial.

How to Prepare

Mediation succeeds or fails largely based on preparation. Effective preparation includes:

• Up-to-date Family Law Financial Affidavits and complete mandatory disclosure documents from both sides
• A current valuation for any business, real estate, or pension at issue
• A draft parenting plan and proposed time-sharing schedule
• A child support guideline calculation under the proposed schedule
• A proposed equitable distribution schedule that classifies each asset and debt as marital or nonmarital and shows your proposed division
• An alimony analysis under the current statute, with the length-of-marriage category and the cap clearly identified
• A list of priorities -- what you must have, what you would like, and what you will give up to get the must-haves

Choosing a Mediator

Court-appointed mediators are assigned from a roster, often without input from the parties. Private mediation is more expensive but lets the parties choose a mediator with the specific subject-matter background the case needs -- for example, a retired family court judge for a difficult time-sharing dispute, or a mediator with business valuation experience for a high-asset case. In our experience, a strong fit between the mediator and the case is one of the strongest predictors of settlement.

When Mediation Fails

If the parties cannot reach agreement, the mediator files a brief Mediator's Report stating only that the case did not settle (or that it settled in part). No details of the discussions are disclosed. The case then proceeds to trial preparation, including pretrial stipulations and witness lists.

Collaborative Divorce as an Alternative

Florida also recognizes collaborative divorce, a distinct process where the spouses and their lawyers sign a participation agreement to stay out of court and use jointly retained neutral experts. Collaborative is more structured than mediation and is governed by Florida Statutes §§ 61.55 through 61.58.

Call 786-522-1411 to discuss preparation for a Florida divorce mediation.