Florida Divorce Mediation

Why Mediation Matters in Your Divorce

Divorce is never easy. It is an emotional, financial, and legal process that can feel overwhelming, especially if you are unsure what to expect. Many people assume they will have to battle things out in court before a judge. The reality is that most Florida divorces never go to trial because of mediation.

If you are researching the divorce process, you have likely come across the concept of mediation. It is often described as a way to resolve disputes efficiently, save money on legal fees, and reduce stress. While this can be true, mediation is not a guaranteed shortcut. It is successful when both parties understand the process and come prepared.

As an experienced Florida divorce attorney, I have guided many clients through mediation. In this guide, I will cover:

• What mediation is (and what it is not)
• When mediation takes place in a divorce
• Who is involved and how a mediator is selected
• Why having an attorney at mediation is critical
• How mediation compares to going to trial

By the end, you will have a clear, practical understanding of how mediation works and whether it is the right approach for your divorce. This article is based on a recent episode from the Florida Divorce Podcast. Listen to the full audio version below:

What is Mediation in a Florida Divorce?

Mediation is a structured negotiation process where you and your spouse attempt to resolve divorce-related issues without going to trial.

A typical mediation session includes:

• You and your spouse (or former partner in paternity cases)
• Your attorneys (if you choose to have one)
• A neutral mediator, usually a family law attorney or retired judge

The mediator’s role is to facilitate discussions and help both parties work toward an agreement. However, a mediator does not take sides, make decisions, or offer legal advice. That is where your attorney plays a crucial role.

The most important thing to understand about mediation is that it is voluntary. You are not obligated to settle. You can walk away at any time, and your attorney can help you evaluate whether a proposed settlement is fair and in your best interest. Mediation is commonly used across the U.S. as an alternative to litigation, with many legal professionals recognizing its benefits in reducing conflict and costs. The American Bar Association provides a helpful overview of how mediation works in divorce cases nationwide.

Is Mediation Required in Florida?

Technically, mediation is voluntary, but in most Florida divorce cases, judges require couples to attempt mediation before scheduling a trial. Many judges strongly prefer that cases be resolved outside of the courtroom and may even order multiple mediation sessions before allowing a case to proceed to trial.

I have seen cases where a judge ordered four mediation sessions over two years. While that is not common, it illustrates how strongly Florida courts encourage settlement over litigation. You can read more about Florida’s official family mediation process on the Florida Courts website.

When Does Mediation Happen?

Every case is different, but mediation usually takes place at one of three stages:

1. Before Filing for Divorce (Less Common)
   Some couples try mediation before officially filing for divorce, but this approach only works in specific circumstances:
   • Both spouses are cooperative and close to an agreement
   • The case is straightforward, with minimal financial or custody disputes
   • Both parties are financially transparent, with no hidden assets
   If these factors are not present, it is often better to wait until after filing. Negotiating blindly without full financial disclosure can lead to an unfair agreement.
2. After Filing and Financial Disclosures (Most Common)
   Mediation typically occurs after the divorce has been filed and both spouses have exchanged financial documents. This ensures:
   • Transparency, so both parties know what is at stake
   • Fairer negotiations, as financial details are fully disclosed
   • A higher likelihood of reaching a settlement
3. Multiple Mediation Sessions (Judge-Ordered Cases)
   In some cases, a judge may order additional mediation sessions if an agreement is not reached the first time. While repeated mediation can be frustrating, it increases the likelihood of settling before trial, which is usually the better outcome.

Mediation vs. Going to Trial: What is the Difference?

A common question I get from clients is whether they should mediate or take their case to trial. Here is a comparison:

For most people, mediation is the preferred option. However, if your spouse is hiding assets, refusing to negotiate, or being completely unreasonable, trial may be the only way to protect your rights.

If you are considering filing for divorce, you may also want to understand the pros and cons of filing for divorce first in Florida, as taking the first step can provide strategic advantages in negotiations.

How is a Mediator Selected?

Clients often ask whether they can choose their mediator. In most cases, the attorneys select the mediator based on experience and the specifics of the case.

• Financially complex divorce? Attorneys will select a mediator with expertise in asset division.
• Custody dispute? A mediator familiar with parenting plans is preferred.
• High-conflict divorce? A mediator skilled in handling difficult negotiations will be chosen.

While you can suggest a mediator, your attorney will have the best insight into who will be most effective for your case.

What Happens During Mediation?

Mediation is often conducted via Zoom, though in-person sessions are still an option.

Here is how a typical mediation session unfolds:

1. Private Rooms for Each Spouse
   Each spouse is in a separate room (virtually or in person) with their attorney. The mediator moves between rooms, relaying offers and counteroffers.
2. Negotiation Process
   The mediator helps clarify each side’s position and works to find middle ground. This continues until either:
   • A settlement is reached
   • It becomes clear that no agreement will be made
3. Finalizing the Agreement
   If an agreement is reached, it is documented and signed that day. If mediation fails, the case moves closer to trial.

Mediation sessions often involve negotiating child custody and time-sharing arrangements. If you are struggling to reach an agreement with your spouse, it is important to understand your rights and what happens when a parent does not follow a time-sharing plan. For more details, read my article on what you need to know about enforcing time-sharing in Florida to ensure you are fully prepared.

Do You Need an Attorney at Mediation?

Some people try to save money by attending mediation without an attorney. This is almost always a mistake. Especially when financial assets like retirement accounts are involved.

A mediator:

• Cannot give you legal advice
• Cannot tell you if a proposed settlement is fair
• Cannot warn you if you are waiving important rights

For example, if your spouse is a police officer with a pension and you do not have a lawyer, you might unknowingly waive your right to half of it. Without proper legal advice, you might unknowingly waive your rights to your spouse’s pension or other benefits. Learn more about how retirement accounts are handled in Florida divorces so you don’t end up giving away more than necessary. Having an attorney ensures that you do not make a costly mistake in your mediation process.

Confidentiality in Mediation

One of the biggest benefits of mediation is confidentiality:

• Judges do not know what was offered in mediation.
• Anything said in mediation cannot be used against you in court.

This allows both parties to negotiate more freely without fear of damaging their case later.Some people worry about whether past actions, such as infidelity, could impact their divorce settlement. If this is a concern, my article on how cheating impacts Florida divorce cases breaks down what you need to know.

Is Mediation Right for You?

Mediation is a powerful tool for resolving divorce cases efficiently and fairly—but only if you are prepared.

Mediation can be a great way to resolve disputes over finances and property division, but it is crucial to understand what assets are considered marital property before negotiating a settlement. If you are unsure what will be subject to division, check out my guide on what is considered marital property in Florida to ensure you are fully informed.

If you are considering divorce and want to understand your options, I am here to help. I offer a free strategy session to discuss your situation, explain the mediation process, and develop a plan to move forward.

To schedule your session, call my office at 561-709-6488 or visit our page here to schedule your strategy session.

Also, if you want ongoing insights about divorce, family law, and protecting your future, be sure to subscribe to the Florida Divorce podcast, where I cover these topics in depth.

Let’s work together to find the best path forward.