Family Law Mediation
1. What is family law mediation?
Family law mediation is a voluntary process where a neutral mediator helps individuals involved in a family dispute, such as divorce or custody issues, reach an agreement without going to trial. The mediator facilitates communication but does not make decisions for the parties.
2. When is mediation required in Florida?
In Florida, mediation is often required by the court before a family law case proceeds to trial. Courts mandate it for disputes involving child custody, child support, alimony, and property division to encourage resolution without litigation.
3. What issues can be resolved through family mediation?
Mediation can address various family law issues, including:
- Child custody and visitation schedules
- Child support arrangements
- Division of marital property and debts
- Alimony or spousal support
- Parenting plans
4. Do I need an attorney during mediation?
While you are not required to have an attorney for mediation, many participants find it helpful to consult with a lawyer before or after mediation to understand their legal rights. Attorneys can also attend mediation sessions to provide guidance.
5. What happens if we don’t reach an agreement in mediation?
If no agreement is reached, the case will return to court, where a judge will make the final decisions. However, the mediation process often narrows down the issues, making court proceedings more efficient.
6. Is mediation legally binding?
If both parties reach an agreement, the mediator will draft a written settlement. Once signed by both parties and approved by the court, it becomes a legally binding order.
7. How long does a typical family mediation session take?
Mediation sessions can last between 2-4 hours, depending on the complexity of the case. Some cases may require multiple sessions to reach a complete agreement.
8. What is the cost of family law mediation in Florida?
Costs vary based on the mediator’s fees and the length of the session. Some court-mandated mediations offer reduced rates based on income. Private mediators typically charge by the hour.
9. Is mediation confidential?
Yes, mediation is confidential. Discussions during mediation cannot be used in court, and mediators cannot testify about what occurred during sessions, except in cases involving abuse or criminal activity.
10. What is the role of the mediator?
The mediator’s role is to remain neutral and facilitate constructive communication between the parties. The mediator does not take sides or provide legal advice but helps both parties find common ground.
11. Can mediation help us avoid court altogether?
Yes. If both parties reach a full agreement on all issues during mediation, it can be submitted to the court for approval, eliminating the need for a trial.
12. What if we already have a temporary court order?
Even if temporary orders are in place, mediation can help parties renegotiate terms before a final order is issued. Any changes agreed upon in mediation must be submitted to the court for approval.
13. Do we need to be in the same room during mediation?
Not always. Mediators can arrange for “caucus” mediation, where parties are in separate rooms, and the mediator moves between them. Virtual mediation is also available for convenience and comfort.
14. What happens if one party refuses to mediate?
If mediation is court-ordered, both parties are expected to participate. Failure to attend may result in penalties or unfavorable rulings. In voluntary mediation, participation depends on both parties agreeing to engage in the process.
15. How do we schedule a mediation session?
To schedule mediation, you can contact a mediator directly or use our online scheduling tool at the top of the page. If mediation is court-ordered, the court may provide a list of approved mediators to choose from.