Mediation in Florida Family Court

Mediation is mandatory in all contested Florida family cases

Under Florida Statutes § 44.102 and the Florida Family Law Rules of Procedure, mediation is required in all contested family law cases before the court will set the matter for a final hearing or trial. This is a statewide rule with very limited exceptions.

Mediation is not optional. If both parties refuse to attend, or if one party does not appear, the court may sanction the non-complying party and proceed in their absence.

Who is the mediator?

Florida requires family law mediators to be certified by the Florida Supreme Court. The mediator is a neutral third party — not a judge, not an attorney for either side. Their job is to facilitate communication between the parties and help them reach a voluntary agreement. They do not make decisions or issue orders.

Parties may agree on a private mediator (often used when both parties have attorneys) or the court may refer the case to court-connected mediation at a reduced fee for parties who qualify financially.

What happens at mediation

A typical Florida family court mediation session:

1. Joint opening: The mediator explains the process, confidentiality rules, and ground rules. Both parties are present.
2. Opening statements: Each party (or their attorney) briefly describes their position and what they are seeking.
3. Caucuses: The mediator meets privately with each party in separate rooms. The mediator shuttles between rooms, carrying proposals and counter-proposals. Most of the substantive negotiation happens in caucuses.
4. Negotiation: The parties work toward a settlement through the mediator. The mediator may use reality-testing (“how do you think a judge would view this?”) to help parties understand their realistic options.
5. Agreement or impasse: If the parties reach an agreement, it is reduced to writing and signed at the session. If they cannot agree, the mediator declares an impasse.

What to bring to mediation

• A copy of the existing court orders (Parenting Plan, support orders)
• Your Financial Affidavit (Form 12.902(b) or 12.902(c)) with supporting documents if financial issues are at stake
• A proposed Parenting Plan if time-sharing is at issue
• Any relevant documentation supporting your position (school records, communication logs, medical records)
• A clear sense of your priorities — what matters most to you, and what you can compromise on

Mediation is confidential

Under Florida Statutes § 44.405, mediation communications are confidential and are not admissible in any court proceeding. This means:

• Statements you make during mediation cannot be used against you at the hearing
• The mediator cannot be called as a witness or testify about what was said
• Proposals and counter-proposals made in caucus are protected

If mediation fails

If mediation ends in impasse on all issues, the mediator files a certificate of non-agreement with the court. The case then proceeds to a contested final hearing before a judge. The judge decides all remaining issues based on the evidence presented.

If mediation resolves some issues but not others, the mediator files a partial settlement agreement. The court enters an order on the settled issues and sets the remaining contested issues for hearing.

Domestic violence exception

Florida provides exceptions to mandatory mediation in cases involving domestic violence. If a party has a reasonable fear of the other party or if the dynamics of the relationship would make mediation coercive, the court may waive mediation or require separate sessions where the parties do not see each other (shuttle mediation). Notify the court and the mediator in advance if domestic violence is a concern.