By Larry Schott, Florida Family Law Attorney  |  Schott & Tolchinsky, P.A.

Mediation is the single most important step in most Florida divorces. It is where the large majority of contested cases settle, where both parties have their best chance to control the outcome, and where tens of thousands of dollars in litigation costs are either saved or lost depending on how well both sides are prepared. Understanding what mediation is, how it works in a Florida divorce, and what to expect at every stage gives you a significant practical advantage.

1. What Mediation Is and What It Is Not

Mediation is a structured negotiation process in which a neutral third party, the mediator, helps both spouses work toward a voluntary agreement on the disputed issues in their divorce. The mediator does not make decisions, does not take sides, and cannot give legal advice to either party. Their role is to facilitate communication, identify the issues, explore possible solutions, and help both sides find common ground.

This distinction matters because many people confuse mediation with a hearing or a proceeding where someone renders a decision. In mediation, no one has authority over you. The only agreements that come out of mediation are ones you voluntarily chose to accept. If you do not agree to a proposed term, you are not bound by it. The mediator cannot force a resolution.

What mediation is not:

• Not a court hearing The mediator has no judicial authority. Nothing decided in mediation is binding until both parties sign a written agreement.
• Not a substitute for legal advice The mediator cannot tell you whether the terms being offered are fair or legally sound. That is your attorney’s job. Having an attorney at or available during mediation is essential to protecting your rights.
• Not public Mediation is private and confidential. What is said in mediation cannot generally be used as evidence in court if mediation fails.
• Not therapy Mediation is a legal and financial negotiation. It is not a forum for processing the emotional aspects of the divorce or relitigating the history of the marriage.

2. Is Mediation Mandatory in a Divorce in Florida?

Florida Family Law Rule of Procedure 12.740 governs family law mediation. The rule provides that all contested family law matters and issues may be referred to mediation. While the rule uses permissive language, in practice mediation has become effectively mandatory in contested divorce cases throughout Florida as a result of local administrative orders and standing court directives in virtually every judicial circuit.

In Broward County and throughout South Florida, courts will not schedule a trial date in a contested dissolution of marriage until the parties have completed mediation. If a party refuses to attend mediation in good faith, the court can impose sanctions including dismissal of claims, striking of pleadings, or imposition of attorney’s fees.

There are limited circumstances in which a court may waive or modify the mediation requirement. These are addressed in section 9 below. Outside of those specific situations, if your divorce is contested, mediation will happen before your case can go to trial.

One important clarification: if your divorce is uncontested and you have already reached full agreement on all issues, mediation is not required. Mediation exists to help resolve disputes. When there are no disputes, the process proceeds directly to a final hearing.

3. Who Is the Mediator?

Family law mediators in Florida must be certified by the Florida Supreme Court. Certification requires specific training, education, and in the case of family law mediators, a background in mental health or family law. A Supreme Court certified mediator has been vetted by the state and is bound by the Florida Rules for Certified and Court-Appointed Mediators.

In Broward County, parties in a contested dissolution have two options for selecting a mediator.

Private mediators

The parties can agree on any Florida Supreme Court certified family mediator and schedule directly. Private mediators are typically experienced family law attorneys or mental health professionals with extensive mediation backgrounds. They bring substantive knowledge of Florida family law to the table, which often helps move negotiations forward more efficiently. Private mediation is scheduled at the parties’ convenience and is not subject to courthouse availability.

Court-connected mediation programs

Broward County has a courthouse mediation program available to qualifying parties. To use the courthouse program, the combined gross income of the parties generally cannot exceed $100,000 per year. Rates through the courthouse program are significantly lower than private mediators, typically $60 to $120 per session depending on combined income. The tradeoff is that you do not choose your mediator and scheduling is subject to the program’s availability, which may mean a wait of several weeks.

4. What to Expect at Mediation: The Process Step by Step

Most family law mediations in Florida follow a structured format. Knowing what to expect reduces anxiety and helps you engage with the process more effectively.

• Opening joint session The mediator brings both parties and their attorneys into the same room and explains the ground rules, the mediator’s role, and the confidential nature of the process. Each side has an opportunity to briefly present their position and priorities. In some mediations, particularly high-conflict cases, this joint session is skipped and the parties go directly to separate rooms.
• Caucuses The mediator typically separates the parties into different rooms and meets with each side privately. This is called a caucus. The mediator shuttles between rooms carrying proposals and counterproposals, facilitating negotiation without requiring the parties to sit across from each other. Most of the substantive work in a Florida divorce mediation happens in caucus.
• Proposal and counterproposal Each side presents their positions on the disputed issues. The mediator works to identify where the parties have common ground and where the real gaps are. Creative solutions that neither side initially proposed often emerge during this stage.
• Attorney consultation Before agreeing to any term, you should consult with your attorney. If your attorney is present at the mediation, this happens in real time. If your attorney is available by phone, this means stepping away from the table to confer before accepting or rejecting a proposal. Never sign anything at mediation without understanding fully what you are agreeing to.
• Settlement or impasse If the parties reach full agreement, the mediator or attorneys draft a written Mediated Marital Settlement Agreement that is signed by both parties before they leave. If the parties reach partial agreement, those resolved issues are documented and the remaining issues proceed to trial. If no agreement is reached, the mediator declares an impasse and the case moves to the trial track.

Mediation sessions commonly run three to six hours. Complex cases may require a full day or multiple sessions. Most Broward County courts will schedule mediation for at least one full day before declaring a case trial-ready if impasse is reached.

5. What Can Be Resolved at Mediation

Everything that is in dispute in a Florida divorce can potentially be resolved at mediation. There is no issue that is off-limits for negotiation between the parties. Courts encourage broad use of mediation precisely because parties who resolve their own disputes tend to reach more creative and durable agreements than judges can order.

• Equitable distribution of all marital assets and debts The home, retirement accounts, investment accounts, bank accounts, business interests, vehicles, and all marital liabilities.
• Alimony Whether alimony is paid, the type, the amount, the duration, and the circumstances that would modify or terminate it. Parties can agree to terms that differ from what a court would order, including agreeing to waive alimony entirely.
• Parenting Plan and time-sharing schedule The complete parenting arrangement including the regular schedule, holidays, summers, school decisions, healthcare decisions, and communication protocols between the parents.
• Child support The parties can agree on child support, though any agreed amount must meet the Florida Statute 61.30 guidelines or include written findings explaining the deviation.
• Attorney’s fees Who pays whose fees and in what amount can be negotiated and resolved at mediation.
• Terms a court could not order One of the most significant advantages of mediation over litigation is that parties can agree to terms no court has authority to impose. College expense obligations, specific holiday traditions, arrangements for a family pet, communication guidelines between the parties, and other creative provisions can all be included in a mediated settlement if both parties agree.

6. Confidentiality: What Stays in the Room

Mediation communications are confidential under Florida law. What is said, proposed, offered, or disclosed during mediation generally cannot be used as evidence in any subsequent court proceeding. This confidentiality is the foundation that makes mediation work: both sides can speak candidly, make concessions, and explore options without worrying that those statements will be used against them if the mediation fails.

There are specific exceptions to mediation confidentiality. A signed written settlement agreement reached at mediation is not confidential and can be submitted to and enforced by the court. Mediation communications can also be disclosed in limited circumstances including to report a crime, to address mandatory reporting obligations, to establish or refute grounds for voiding a settlement agreement, or to address professional malpractice by the mediator.

The practical takeaway is that you can speak openly at mediation about your priorities, your concerns, and your willingness to compromise on various issues without those statements being used against you at trial if the mediation does not result in a settlement.

7. If You Reach an Agreement: Enforceability

When the parties reach a full or partial agreement at mediation, the mediator or the attorneys prepare a written Mediated Marital Settlement Agreement. Both parties sign the document before leaving the mediation. That signed agreement is binding.

Florida courts strongly favor enforcement of mediated settlement agreements. The policy rationale is straightforward: settlement conserves public judicial resources and allows parties to determine their own outcome rather than having one imposed by a court.

Once a mediated settlement agreement is signed and submitted to the court, the judge reviews it and if it complies with Florida law incorporates it into the final judgment of dissolution. The terms then become enforceable as a court order.

8. If Mediation Fails

When the parties cannot reach agreement and the mediator declares an impasse, the case returns to the court on the litigation track. The impasse itself has no legal consequences for either party. Nothing said or proposed during mediation can be used at trial. Both parties start fresh in the courtroom as if mediation never happened.

A partial agreement at mediation is still valuable. If the parties resolved some issues but not all, the settled issues are documented and those terms will be incorporated into the final judgment without the need for trial on those points. Only the remaining unresolved issues go to the judge for decision.

If mediation fails on all issues, the parties proceed through the pre-trial process, complete any remaining discovery, and the court sets a trial date. In Broward County, trial dates in contested dissolution cases are commonly scheduled 12 to 18 months or more after filing, depending on the complexity of the issues and the court’s calendar.

9. When Is Mediation Not Recommended in Divorce?

While mediation is the right path for the large majority of Florida divorces, there are situations where it is not appropriate or where the standard process should be modified to protect one of the parties.

• Domestic violence cases When there is a history of domestic violence between the parties, the power dynamics that make mediation work, including voluntary negotiation, open communication, and mutual problem-solving, are fundamentally compromised. A victim of domestic violence cannot negotiate freely or safely when sitting in the same building as their abuser, even with a mediator present. Florida courts can and do waive the mediation requirement in cases involving domestic violence. If you have a domestic violence injunction in place, or if there is a history of abuse in the marriage, talk to your attorney immediately about whether mediation is appropriate in your case and what protections are available.
• Cases involving hidden assets or financial fraud Mediation works best when both sides have a complete and accurate picture of the marital estate. When one spouse is concealing assets, hiding income, or engaging in financial deception, mediation before those issues are uncovered through formal discovery puts the uninformed spouse at a serious disadvantage. Agreeing to a settlement at mediation before a forensic accountant has traced hidden funds or before business records have been subpoenaed means potentially giving up rights to assets you do not even know exist. In cases where financial misconduct is suspected, completing financial discovery before proceeding to mediation is strongly advisable.
• One party is not engaging in good faith Mediation requires a genuine willingness from both sides to negotiate and consider resolution. When one party comes to mediation with no actual intention to settle, uses mediation as a delay tactic, or makes only bad-faith proposals designed to provoke rather than resolve, the process is unlikely to produce a useful result. Courts have limited tools to address bad-faith mediation conduct, but patterns of bad faith can factor into attorney’s fee awards under Florida Statute 61.16.
• Relocation cases An exception worth noting specifically for Broward County practitioners: relocation disputes under Florida Statute 61.13001, where one parent seeks to move more than 50 miles away with a child, are one of the few family law matters where experienced family court judges commonly view trial as the more appropriate resolution mechanism. Courts often feel that the stakes and the fact-intensive nature of relocation decisions warrant judicial determination rather than mediated compromise.

10. Cost of Mediation in Broward County

Mediation costs are split equally between the parties unless the court orders otherwise. In Broward County, there are two tiers of cost depending on which program you use.

Private mediators in South Florida typically charge $150 to $300 per hour per party. A full-day mediation session of six to eight hours might cost each party $900 to $2,400 in mediator fees alone, not including the attorney time billed for preparation and attendance. Many experienced family law mediators charge flat half-day or full-day rates that can provide more cost certainty.

The Broward County courthouse mediation program charges $60 to $120 per session per party for qualifying parties whose combined income falls below $100,000 annually. This program offers significant cost savings but does not allow you to choose your mediator and is subject to scheduling availability.

If you cannot afford mediation costs, you can file a motion with the court asking for the fees to be waived or reallocated to the other party. Courts have authority under Florida Family Law Rule of Procedure 12.741 to adjust the allocation of mediation costs based on financial circumstances.

11. How to Prepare for a Successful Mediation

Preparation is the single biggest variable you control heading into mediation. Well-prepared parties settle more often and on better terms than those who arrive without a clear strategy.

• Know your numbers Have a complete picture of the marital estate before you walk in. Understand the value of every significant asset, the balance of every debt, and the income and expenses of both parties. You cannot negotiate intelligently about division without knowing what you are dividing.
• Know what a court would likely do Your attorney should give you a realistic assessment of the range of outcomes a judge would likely reach on each contested issue. Mediation works when both parties have accurate expectations. Entering mediation expecting to win every issue is a setup for impasse.
• Know your priorities Decide in advance what you absolutely must have versus what you are willing to concede. This clarity allows you to negotiate strategically rather than reactively.
• Bring the documents that support your positions If your position on the value of an asset or the level of income depends on specific records, bring those records. Proposals backed by documentation are far more persuasive than assertions alone.
• Be willing to listen Mediation is not a one-way presentation. The parties who are genuinely willing to hear the other side’s concerns, even if they disagree with them, tend to find more settlement opportunities than those who treat the process as a monologue.
• Understand that compromise is not losing A mediated settlement that gives you 80 percent of what you want and closes the case today is often better than a trial that might give you everything you want in 18 months and costs three times as much to get there.

Related Articles:

• Contested Divorce in Florida
• Uncontested Divorce in Florida
• Step-by-Step Guide to Getting a Divorce in Broward County
• How Much Does a Divorce Cost in Florida?
• How Long Does a Divorce Take in Florida?
• How to Divide Marital Assets in Florida During a Divorce
• Relocation After Divorce in Florida