Mediation is the step where most Florida divorces are resolved. A neutral mediator helps the spouses negotiate an agreement instead of leaving the decisions to a judge. Florida courts rely on it heavily, and a Tampa mediation lawyer can prepare you to use the session effectively.
When Mediation Is Required
Florida courts frequently order mediation before a contested case proceeds to trial. Under section 44.102 of the Florida Statutes, in circuits with a family mediation program, the court refers disputes over time-sharing and parental responsibility to mediation when a dispute exists. The court will not order mediation when a party shows a history of domestic violence that would compromise the process. In those situations, the page on protective orders explains the safeguards available. The broader divorce process shows where mediation fits in the sequence.
How Mediation Works
A Florida Supreme Court certified mediator leads the session as a neutral party. The mediator does not decide the case or give legal advice. Instead, the mediator helps the spouses reach their own agreement on the open issues. Attorneys may attend. If the parties agree on every issue, the agreement is written down and submitted to the court for approval. If they agree on some issues but not others, the remaining matters proceed to a hearing. The difference between resolving a case this way and litigating it is covered on the contested divorce page.
Mediation Is Confidential
Mediation discussions are protected by law. Florida’s Mediation Confidentiality and Privilege Act makes mediation communications confidential, and a party may prevent others from testifying about them in a later proceeding. This protection allows both spouses to speak openly and propose compromises without concern that an offer will be used against them at trial.
The Benefits of Mediation
Mediation usually costs less and concludes faster than a trial. It is private, and it gives the spouses control over the outcome rather than placing the decision with a judge. For parents, an agreement reached in mediation often produces a more durable arrangement than one imposed by the court. A Clearwater divorce lawyer can help you prepare a realistic position before the session.
The McKinney Law Group prepares clients for mediation and represents them through settlement or trial. Consult a St. Petersburg family lawyer and contact our office to schedule a consultation regarding your situation.