Mediation in Florida: Settling Divorce Without Trial

What Is Mediation in Florida? 

It is a process where both parties will meet with a mediator and will try to come up with a resolution on their own regarding their divorce case. To reduce costs and taxpayer expenses, the legislature in Florida requires parties to mediate before proceeding to trial in divorce cases. 

Understanding the Role of Mediation in Your Divorce Case

Approximately 95% of divorce cases get settled at mediation. This is amazing. This means that statistically, your case will not go to trial, and you can come up with an amicable resolution at the time of mediation. 

It is important to note that a mediator cannot make a decision, as a judge would. This is not considered arbitration. A neutral mediator is appointed to act as a facilitator between the parties and their lawyers in an effort to resolve the case and come up with an agreement that both parties could live with. 

Also, anything that is said at mediation is confidential and privileged. It cannot be repeated to the court. There are a few exceptions to this rule, such as reporting abuse of a minor child or an elderly person, etc. If what was said at mediation was not confidential, this would put a chilling effect on negotiations. 

So, as an example, if one party offers $2000 a month in alimony, but that is ultimately not accepted, the other party’s attorney cannot later question the party who offered the $2000 and ask them if they were previously willing to offer that at the time of mediation. You can clearly see how that would put a hindrance on settlement discussions. 

Get It in Writing

The court wants to encourage the parties to try to come up with a resolution on their own. Any agreement at mediation still needs to be confined to a written document. This contract can govern for years to come, especially if there are minor children. It is, therefore, really important to have a Florida divorce lawyer who is well-versed in family law and contracts to represent your interests and make sure that you are adequately protected. Our law firm focuses on divorces and other family law matters throughout the State of Florida. If you would like to discuss any more issues with an attorney, please do not hesitate to call us.

Speak With a Florida Divorce Lawyer Today

The Florida divorce lawyers at Winthrop Law Offices, P.A., are dedicated to providing every client with the answers they need to make informed decisions. Contact our firm today to schedule a free consultation.