There Is Another Way To Make Divorce And Child Custody Decisions
In some Florida counties, every contested family law case has to go to mediation before it goes to court. Even temporary orders such as temporary time-sharing, attorney fees or support have to wait until you go through mediation. However, mediation is not required if both sides can agree on every issue.
At Russell G. Marlowe, PA, our founding attorney, Russell G. Marlowe, is a Florida Supreme Court-certified family law mediator. He handles court-appointed mediations in Dade City and New Port Richey, and he also does primary mediations. As a lawyer, he has participated in hundreds of family law mediations. He can serve as the mediator in your case or as your attorney, but not both. Please contact us to learn more about how we may help you.
Understanding Family Law Mediation
Family law mediation is a private dispute resolution process that helps families resolve legal issues without leaving every decision to a judge. Both sides meet with a neutral mediator who guides the conversation, helps identify areas of agreement and keeps discussions focused.
The mediator does not represent either party, give legal advice or make final decisions. Instead, mediation gives spouses, parents or former partners a structured setting to discuss concerns with more control over the outcome.
What Happens In Mediation?
A mediator is a neutral third party who facilitates discussion and negotiations between the parties. Each party may bring their own lawyer to mediation sessions. The goal is to reach an agreement on each contested issue. When that happens, the parties can present the agreement to the court for approval. In most family law cases, the judge approves the agreement.
How Is Mediation Different From Traditional Litigation?
There are many benefits to using mediation in divorce cases. It is less costly and less adversarial than going to court. It keeps your financial affairs private, and most importantly, it puts you in control of the outcome of your case rather than putting it in the hands of a judge.
Another key benefit of mediation is that it can help preserve relationships in custody cases. Even though you are divorcing, you will still be a co-parent with your ex-spouse for many years. It is important that you can get along well enough to follow the parenting plan and not put stress on the child. Additionally, it lets children see their parents working together on a parenting plan instead of fighting over it.
Mediation Requirements in Florida Family Cases
In Florida, mediation may be voluntary, but it is required before a contested family law case can proceed to trial. A judge may order mediation when parties disagree about divorce terms, parenting plans, child support, alimony, property division or post-judgment changes.
In Pasco County, family mediation commonly applies to dissolution of marriage, paternity, modification, time-sharing, support and disputes involving children. Miami-Dade County also uses mediation in many contested family cases before final hearings, especially when a settlement can reduce court time.
Most court-referred mediation is scheduled after financial affidavits and required documents are filed. Some courts expect mediation to occur within about 45 to 75 days after an order of referral, though timing depends on the county, court calendar, mediator availability and whether urgent issues exist.
Family Law Issues That Mediation Can Help Resolve
Mediation can address the following issues:
- Parenting plans and time-sharing schedules
- Parental responsibility and decision-making
- Child support and health insurance
- Alimony or spousal support
- Equitable distribution of marital property
- Division of debts and financial accounts
- Relocation concerns
- Modification of prior court orders
- Enforcement-related dispute
- Holiday, school break and transportation arrangements
These agreements can become legally binding once properly written, signed and approved by the court.
How The Florida Mediation Process Usually Works
The mediation process usually follows these steps:
- The court orders mediation or both parties agree to attend voluntarily.
- Each side gathers financial records, parenting proposals and other relevant documents.
- The mediator explains confidentiality, ground rules and the purpose of the session.
- Each party identifies the issues that need resolution.
- The mediator helps both sides discuss settlement options.
- If an agreement is reached, the terms are written and submitted to the court.
- If no agreement is reached, the case continues toward a hearing or trial.
How much does mediation cost?
The cost of mediation depends on whether the parties use a court-connected program or a private mediator. Court programs may offer reduced fees based on income, while private mediators usually charge hourly rates.
What happens if we can’t reach an agreement in mediation?
If mediation does not resolve every issue, the parties may still settle some matters and let the court decide the rest. Working with our experienced attorney and Florida Supreme Court-certified family law mediator before and during mediation can help prevent agreements that create problems later.
Call Now To Learn More About How Mediation May Benefit You
At Russell G. Marlowe, PA, we have extensive experience as an attorney and a mediator. You can rely on our knowledge of the law and of the ways mediation can help you through your family law issue. Please call us at 727-490-8877 or send an email to schedule your initial consultation. Virtual appointments are also available.