Mediation in Florida Family Law — When It Is Required and How the Day Works

The short answer

Under section 44.102 of the Florida Statutes and Florida Family Law Rule of Procedure 12.740, a judge may — and in most circuits routinely does — order the parties to mediation before a contested family matter is tried. The mediator does not decide the case, cannot testify about it, and cannot report to the judge who was reasonable. Their only job is to help the two sides reach their own agreement.

Who the mediator is

Family mediations in Florida are conducted by mediators certified by the Florida Supreme Court, or by a mediator the parties agree on. Some circuits run a court-connected mediation program with fees set on a sliding scale by income; parties can also hire a private mediator, who typically charges by the hour split between the sides. A mediator must be neutral, and cannot give either party legal advice, even when asked.

How the day actually runs

Most Florida family mediations begin with everyone in one room for a short joint session, then split: each party and their attorney sit in a separate room and the mediator moves between them carrying offers and questions. In cases involving domestic violence or a large power imbalance the parties can be kept apart the whole time, and mediation can be conducted by video. Sessions commonly run half a day to a full day. Nothing obliges either side to agree to anything.

What you should bring

Mediation goes badly when the numbers are not known. Come with the financial affidavit already completed, recent statements for every account, the current child support guideline calculation, and a written list of what you want on each issue, ranked. If a house or a business is in play, an appraisal or valuation is worth having in hand before the day rather than after it.

• Completed Family Law Financial Affidavit
• Recent statements for bank, retirement and investment accounts
• A current child support guidelines worksheet under section 61.30
• A draft parenting plan and proposed timesharing schedule
• Any appraisal, valuation or payoff figure that a decision depends on

Confidentiality — and its limits

The Florida Mediation Confidentiality and Privacy Act, sections 44.401 to 44.406, makes what is said in mediation confidential and privileged. Offers made there generally cannot be used against you later in the case. The protection is not unlimited: threats of violence or of a crime, evidence of child abuse or abuse of a vulnerable adult, and information needed to prove or set aside the mediated agreement itself are all outside it.

What a mediated settlement agreement does

If you reach agreement, the mediator prepares a written mediated settlement agreement and everyone signs it that day. Once signed, it is a binding contract, and Florida courts routinely enforce them. Setting one aside is difficult and usually requires proving fraud, duress, coercion, misrepresentation or overreaching — not simply regret about the deal. Read it carefully before signing, and do not sign anything you do not understand.

Partial agreements, and what happens if you do not settle

You do not have to settle everything. It is common to sign an agreement on the parenting plan and child support while leaving equitable distribution or alimony for the judge. That narrows the trial, shortens it and cuts the cost. If nothing settles, the mediator files a simple report saying the case did not resolve — nothing about who said what — and the case goes back on the court's track toward trial.

Domestic violence and opting out

Section 44.102 allows a party to be excused from court-ordered family mediation where there has been a history of domestic violence that would compromise the process. A party who wants that has to raise it with the court rather than simply not attending. Where mediation still goes ahead, separate rooms, separate arrival times and remote attendance are all normal accommodations.