If you’re planning to file for divorce or recently engaged in divorce proceedings in Florida, it’s time to familiarize yourself with mediation. Incorporated in Florida’s divorce laws, couples who are dissolving their marriage through a contested divorce are required to undergo compulsory mediation. While Florida family court judges make the ultimate decisions in contested divorces when the parties are unable to agree, they use mediation to help them determine divorce outcomes like division of assets, alimony, and child custody and support.
Uncontested divorces can also necessitate private mediation when a couple fails to agree on negotiated divorce terms. If private mediation fails to resolve outstanding issues, an uncontested divorce usually becomes contested, typically requiring more mediation before the judge finalizes divorce terms.
If you’re not familiar with mediation and how it works in practice, the divorce lawyers at Tallahassee’s Cowhey + Ward Attorneys at Law can tell you what to expect. The following primer should provide you with all the basic information you need to know in advance of your divorce mediation.
Florida Divorce Law Mediation Basics
As a form of alternative dispute resolution, divorce mediation helps divorcing couples resolve disputes by encouraging them to compromise during an interactive negotiation process. During mediation, a court-certified, neutral, third-party mediator coordinates the process, delineates primary dispute issues, and navigates the parties toward middle-ground solutions.
The law allows judges to negate the mediation requirement in divorce cases involving domestic violence, emotional abuse, or a spouse’s criminal activity. Family law courts also use mediation to help resolve post-divorce-related issues like requested child support modifications and revisions to parenting plans.
Mediation became a mandatory requirement in contested divorce cases in Florida because it has proved effective at resolving disputes and streamlining the divorce process. By helping speed up the resolution of divorce proceedings, mediation also eases the docket pressure on the state’s overburdened divorce courts.
Because disagreements often arise during uncontested divorces, divorce lawyers recommend that their clients engage in private mediation to forestall the additional cost, aggravation, and uncertainty of end results should the divorce be contested.
Court-Based Versus Private Mediation
When a judge orders mediation in a contested divorce, the combined income of the divorcing couple dictates whether mediation will be conducted before a private mediator or a court-based one.
Private mediators are significantly more expensive than court-based ones but can schedule timely mediation sessions more flexibly. Court schedules constrain court-based mediators, who may take several months to schedule mediation sessions. Private mediation costs typically range from $100 to $500 per hour. Florida law sets the price of court-based mediators at $60 per session for couples with incomes below $50,000 and $120 per session for those between $50,000 and $100,000.
What Happens During the Mediation Process?
Divorce mediation typically begins with an introduction from the mediator, who explains the mediation process and mediator’s role during the process. Both parties can have their lawyers represent them, with the lawyers playing an advisory role to protect client rights and preserve their best interests during the proceedings. Mediations are entirely confidential (except for minimal exceptions), and nothing said by either party can be used in divorce court.
Each divorcing spouse presents their respective positions about the outstanding issues and how they believe they should be resolved. Once the respective positions are established, the mediator initiates negotiations in a back-and-forth, give-and-take manner to steer the parties toward a middle-ground compromise. Mediators typically stress the value of compromise by noting how the outcome of a mediated settlement is certain, whereas, if left to the judge, the outcome is uncertain.
If the mediator can get the parties to agree on all unresolved issues during mediation, they sign the appropriate settlement papers, which are reviewed and approved by the judge. If mediation fails to reach a settlement, the divorce will proceed to trial, with the judge resolving all outstanding issues.
Mediation can also result in partial settlement of outstanding issues, leaving the judge to resolve any remaining issues at trial. If the parties subsequently settle their differences after a failed mediation but before trial, their agreement can be submitted to the court, which may negate the need to proceed to trial.
Turn to an Experienced Tallahassee Divorce Lawyer
Divorce is one of life’s most stressful experiences and comes with potential life-changing outcomes that can impact one’s finances and future. Mediation can help relieve some of the stress and lead to negotiated settlements that may lessen some of the financial impacts of divorce. With an outstanding reputation for successfully steering clients through mediation, Cowhey + Ward’s Adam Cowhey is committed to securing his clients the most favorable outcomes, whether through negotiations or divorce court. To ensure a positive divorce resolution, contact our Tallahassee-based office today at (850) 222-1000.