When most people think of divorce or a family law dispute, they picture a courtroom confrontation; two sides presenting arguments before a judge who hands down a decision. The reality is that the vast majority of Florida family law cases never reach trial. Mediation is one of the most powerful tools available for resolving these matters more efficiently, less expensively, and with far less emotional damage to everyone involved, especially children.
At Jenkinson Legal, we believe that many family disputes, and the domestic issues they involve, can be resolved through a thoughtful, well-prepared mediation process. We prepare our clients thoroughly before every mediation session, advocate effectively for their interests throughout, and work to help them reach an agreement that they can live with and that truly serves the best interests of their family. At the same time, when mediation does not produce a resolution, we are fully prepared and experienced trial attorneys who will advocate aggressively for our clients in court.
We serve clients throughout Central Florida, including Orange, Seminole, Osceola, Lake, Polk, Volusia, and Brevard counties. Call us today at (321) 837-9547 for a FREE initial consultation.
What Is Mediation?
Mediation is a process in which the parties and their attorneys meet with a neutral third party called a mediator in an effort to reach a voluntary agreement without going through the time and expense of a trial or hearing. Unlike a judge or an arbitrator, the mediator has no power or authority to force either party to do anything. The mediator does not make decisions, issue rulings, or render judgments. The mediator is simply an impartial third party who works to add perspective for both sides and to help broker a mutually acceptable agreement.
Mediation is a confidential process. With only very limited exceptions, nothing that is said during mediation can be repeated or used outside of mediation. The court will never hear what was discussed or what positions were taken during the session. The reason for this important protection is straightforward: it allows the parties to negotiate openly and honestly without fear that, if an agreement is not reached, the other party will later appear in court arguing that you were willing to agree to something during mediation. This confidentiality protection is what makes genuine negotiation possible.
When Is Mediation Required in Florida?
Mediation is not just an option in Florida family law cases. In many circumstances, it is a requirement. Florida courts regularly order mediation before scheduling a trial or hearing in contested matters. It is typically required in the following types of cases:
- Contested divorce proceedings (Petition for Dissolution of Marriage) where the parties have not reached full agreement on all issues
- Paternity actions involving a Petition to Establish Paternity, a Parenting Plan, and Child Support
- Modification proceedings where a party is seeking to modify a prior court order related to time-sharing, child support, or alimony
- Enforcement and contempt proceedings in certain circumstances where the parties are attempting to resolve compliance issues without court intervention
Regardless of the type of mediation you are attending, the process and the rules governing it are very similar. Understanding what to expect before you walk through the door can make the difference between a productive session and a wasted opportunity.
What to Expect During Mediation: How the Process Works
Knowing what to expect during a mediation session helps you feel confident, focused, and prepared. While every mediation is different, the process in Florida family law cases typically follows a consistent structure.
Opening joint session. The parties and their attorneys will typically begin by meeting together in one room with the mediator. The mediator will make introductory remarks explaining the process and the confidentiality rules. Both attorneys will then have an opportunity to make an opening statement, which is not as formal as it sounds. This is usually a brief summary of the key issues in the case and each side’s general positions on those issues.
Separate caucuses. After the opening session, the parties and their attorneys will typically separate into different rooms. The mediator will then spend time with each side privately, going back and forth between rooms. In each caucus session, the mediator will discuss the issues, present the other side’s perspective where appropriate, and work to identify where there may be room for movement and compromise.
Negotiation and movement. This back-and-forth process continues as both sides work through the issues. A skilled mediator will help each party understand the risks and costs of continued litigation, the likely range of outcomes if the case goes to trial, and the benefits of reaching a resolution on their own terms.
Resolution or impasse. The mediation will continue until either an agreement is reached on some or all issues, or it becomes clear that no further progress can be made. When no agreement is possible, the mediator will declare an impasse and the parties will return to the litigation track.
Why Mediation Works: The Real Benefits
Considering the cost of going to trial, it makes sense to do everything you can to resolve a case through mediation. The benefits are real and significant.
You retain control of the outcome. When a case goes to trial, a judge makes the decisions. In mediation, the parties themselves craft the agreement. You have a much greater amount of control over the results of your case when you negotiate the terms rather than leaving them entirely in the hands of a judge who does not know your family the way you do.
It is faster and far less expensive. A contested trial can take months or even years to reach, and the costs of full litigation add up quickly in attorneys’ fees, expert witness fees, filing costs, and lost time. Mediation, even in complex cases, typically takes a single day or a series of sessions and resolves matters at a fraction of what a trial would cost.
It reduces conflict and emotional strain. Litigation is adversarial by nature. Contested trials require each side to argue their position forcefully, which often means airing personal details, financial records, and sensitive family matters in open court. Mediation takes place in a private, confidential setting that allows both parties to work toward a solution without the destructive intensity of courtroom combat. This is especially valuable when children are involved and both parents will need to maintain a working co-parenting relationship for years to come.
Agreements you craft tend to last. When parties negotiate and agree on the terms of their settlement themselves, they are far more likely to abide by those terms over time. Court-imposed judgments often breed resentment and noncompliance. Agreements reached in mediation reflect what both parties were willing to accept, which leads to more durable outcomes for the whole family.
I am constantly surprised by the cases that settle in mediation. I have gone into many mediations thinking to myself that the parties could not be further apart and that there was no chance of the case settling — and walked out with a fully executed agreement. Always go into mediation with a clear sense of what is truly important to you and what you may be able to bend on. Most importantly, go in with an open mind. The willingness to genuinely engage in the process is often what makes the difference.
Why You Should Never Go Into Mediation Without an Attorney
Many people make the mistake of thinking they can attend mediation without legal representation, see how things go, and hire an attorney only if mediation fails. This approach carries serious risks that can have long-lasting consequences.
Mediation agreements are binding contracts. Once you sign a Mediated Settlement Agreement, it is very difficult to undo, and in most circumstances the court will incorporate it into the final judgment. Unless you have a thorough understanding of what each party is legally entitled to under Florida law, you are negotiating blindly. I receive at least one call a month from a party who went into mediation, signed an agreement, and later learned what a significant and costly mistake they had made.
The issues addressed in family law mediation, including time-sharing, parental responsibility, child support calculations, alimony, and the division of marital assets and debts, are complex areas of the law with long-term financial and personal consequences. You need an experienced advocate in the room with you who understands your rights, knows the applicable law, and can advise you in real time as proposals are made and terms are being negotiated.
Having an attorney by your side during mediation also sends a clear signal to the other side that you are fully informed and prepared to protect your interests. It levels the playing field and ensures that you are not making concessions based on a misunderstanding of what you are actually entitled to.
If Mediation Does Not Succeed
Mediation is an important process and many cases are resolved there. But not every case settles, and an impasse does not mean that all hope is lost. If mediation does not produce a full agreement, the case proceeds back to the litigation track. The court will schedule the remaining disputed issues for a hearing or trial, and the parties will have the opportunity to present their positions to a judge.
At Jenkinson Legal, we never treat mediation as the end of the road if it does not result in a settlement. We prepare every case as though it may go to trial, because thorough preparation is what gives our clients the best chance of success whether a case settles or goes before a judge. Our experience in Florida family law litigation means that if mediation does not resolve your matter, you have an aggressive, seasoned advocate ready to take your case as far as necessary to protect your rights.
Contact Jenkinson Legal Today
If you are going through a family law matter in which mediation is required or anticipated, call us today to learn about our experience in handling these matters. Preparation is everything in mediation, and having an attorney who understands both the law and the art of negotiation can make all the difference in the outcome.
At Jenkinson Legal, we have one simple objective: provide personalized, one-on-one attention to our clients’ legal worries so they can concentrate on life and family. Divorce law and family law are among the most delicate legal issues you can face, and the impact these matters will have on your life and the lives of your children makes it very important that you have the most knowledgeable, experienced advocate you can find in your corner.
Call Jenkinson Legal today at (321) 837-9547 for a FREE initial consultation. You may also reach us by email through this website to discuss your needs, options, and legal rights as quickly as possible. We proudly serve clients throughout Orange, Seminole, Osceola, Lake, Polk, Volusia, and Brevard counties.
Legal disclaimer: This page is intended for general informational purposes only and does not constitute legal advice. Laws and procedures may change. Please consult a licensed Florida family law attorney for advice specific to your situation.
Request a Free Consultation