What to Expect in a Family Law Mediation

If you're facing a divorce, paternity, or other family law action in Florida, mediation is usually required. Mediation is a structured negotiation process facilitated by a mediator, a neutral third party, who helps parties reach mutually acceptable agreements. Mediation is highly favored in family law and is often mandatory when ordered by the court for contested family matters.

This blog post will guide you through what to expect during mediation in Florida family law cases, helping you prepare for this important step in your divorce, paternity or other family law action.

Disclaimer: This post is provided for general informational purposes only and does not constitute legal advice. The information contained herein is a broad overview and does not apply to your specific situation. Reading this post does not create an attorney-client relationship. You should consult with a qualified attorney in your jurisdiction for advice regarding your individual circumstances.

When Mediation is Required

In the 20th Judicial Circuit (which includes Lee, Collier, Charlotte, Hendry, and Glades Counties), mediation is usually required before a case goes to Trial. However, mediation isn't appropriate in all situations. Upon motion or request of a party, the court will not refer a case to mediation if it finds there has been a history of domestic violence that would compromise the mediation process. Parties must advise the court if there is an injunction for domestic violence or a conviction of a crime of domestic violence between them. In such cases, the court may waive mediation entirely or enter appropriate orders to protect the mediation process and the parties' safety.

The Mediation Process

Who Attends

Typically, mediation sessions include:

• Both parties (you and your spouse/the other parent)

• The respective attorneys (if represented)

• The mediator

  
  

A party is deemed to appear if physically present at the mediation conference or, if permitted by court order or written stipulation, present via communication technology. In some cases, mediation may proceed without attorneys present or with other people present, but this requires the mediator's discretion and agreement of the parties.

The Mediator's Role

The mediator is a neutral facilitator who:

• Does not take sides

• Does not make decisions for you

• Helps facilitate communication

• Assists in identifying issues

• Helps explore possible solutions

• Guides the negotiation process

  
  

Structure of a Typical Mediation Session

A mediation session usually follows this pattern:

1. Introduction: The mediator explains the process, ground rules, and confidentiality provisions.

2. Opening statements: Each party (or their attorney) presents their perspective.

3. Joint discussion: Identification of issues that need resolution.

4. Private caucuses: The mediator may meet with each party and their attorney in separate rooms. The mediator goes back and forth between rooms.

5. Negotiation: Parties work toward agreements on contested issues.

6. Agreement: If successful, the terms are reduced to writing.

   
   

Benefits of Mediation

Mediation offers several advantages over traditional litigation:

Self-Determination and Specifically Tailored Agreements

By retaining primary responsibility for decision-making, you can avoid the uncertainty of court results. Mediation allows you to create agreements closely tailored to your family's specific needs, sometimes allowing for agreements that courts might be unable or unlikely to impose without your consent and cooperation. You can achieve a level of detail in decision-making that might be cost-prohibitive in litigation.

Confidentiality Protections

In mediation, you can fully express your concerns with confidentiality protected. Communications during mediation sessions are privileged and confidential under Florida law. You're not restricted by legal rules of evidence, so you can discuss whatever you believe is important, regardless of whether it's directly relevant to a legal issue.

Improved Communication and Relationships

Improvement in communication and the relationship between parties is more likely to result from mediation than other dispute resolution methods. If communication improves, it will likely reduce or eliminate subsequent disputes, particularly beneficial when co-parenting is involved. In cases involving children, reducing conflict between parents through mediation may decrease the psychological difficulties children experience during and after divorce proceedings.

Cost and Time Savings

If mediation results in agreement, it's likely to be substantially less costly than litigation. Even if only partial agreement is reached, mediation may reduce the issues that must be litigated, keeping time and costs to a minimum. Parties in mediation may also experience better financial results because, in addition to saving on attorneys' fees and court costs, they can focus on "enlarging rather than splitting the pie".

Confidentiality in Mediation

Florida law strongly protects the confidentiality of mediation proceedings. All oral or written communications in a mediation proceeding, other than an executed settlement agreement, are confidential and inadmissible as evidence in any subsequent legal proceeding, unless all parties agree otherwise. Each party involved in a court-ordered mediation has a privilege to refuse to disclose, and to prevent any person present at the proceeding from disclosing, communications made during that proceeding.

After Mediation

Written Agreements

If you reach an agreement during mediation, it will be reduced to writing. Once a mediation agreement is reduced to writing, absent a timely written objection, the agreement is presumed to be approved by counsel. The standard for disregarding a settlement agreement between parties is high. Courts generally follow the stipulations entered into by the parties, which are binding on both the parties and the court.

If Mediation Is Unsuccessful

If full agreement isn't reached, several things may happen:

• The mediator will report to the court that no agreement was reached

• The case proceeds to litigation on unresolved issues

• An impasse will be declared, after which offers of settlement or judgment may be made

Conclusion

Mediation is a valuable tool in family law cases, offering parties the opportunity to maintain control over outcomes while potentially saving time, money, and emotional stress. While not a panacea, mediation provides a structured environment to resolve disputes with the help of a trained professional.

By understanding what to expect in mediation, you can approach the process with realistic expectations and proper preparation. Consider consulting with your attorney about specific strategies for your mediation session and how best to prepare for this important step in your family law case.

Remember that the goal of mediation isn't necessarily to reconcile differences between you and the other party, but rather to find workable solutions to legal issues that allow both of you to move forward with your lives.