Mediation in a Florida Divorce

Mediation is a process where a neutral third party called a “mediator” acts to encourage and facilitate the resolution of a dispute between two or more parties. It is informal and non-adversarial. As opposed to court, decision-making authority rests with the parties. A majority of cases settle through mediation.

The role of the mediator is to assist the parties in identifying the issues, fostering joint problem solving, and exploring settlement alternatives. A good mediator will help the parties understand the strengths and weaknesses and identify their real interests rather than legal positions.

In Florida family law cases, a family mediation can be court-ordered, voluntary, or pre-suit. Most courts have a court mediation program, and require the parties to attend mediation before setting a final hearing on any contested matters. If no agreement is reached during mediation, the case will proceed to trial.

For court-ordered mediation, fees are set by law based on combined gross annual income. If combined gross annual income is less than $50,000, parties must pay $60 each. If combined gross annual income is more than $50,000 but less than $100,000, parties must pay $120 each. If combined gross annual income exceeds $100,000, the parties must use a private mediator.

All communications at mediation are confidential except where required or permitted by law.