Divorce Mediation in Florida: Complete Guide to Cost, Process & Success (2026)

What Is Divorce Mediation in Florida?

Quick Answer: Divorce mediation is a process where a neutral third party (mediator) helps you and your spouse negotiate and reach agreement on divorce issues—property division, alimony, child custody, and support. It costs $150-$400/hour (usually split) and resolves 60-70% of cases without trial.

Mediation is required in most Florida counties before you can go to trial on contested issues.

---

How Divorce Mediation Works in Florida

The Basic Process

What Happens During Mediation

Opening:

• Mediator explains process and ground rules
• Each party shares their perspective
• Issues are identified

Negotiation:

• Parties may stay in same room or separate ("caucus")
• Mediator shuttles between rooms if separated
• Proposals and counterproposals exchanged
• Mediator helps find common ground

Resolution:

• If agreement reached, terms are written up
• Both parties sign
• Agreement becomes binding once filed with court

---

Is Mediation Required in Florida?

Mandatory Mediation (F.S. 44.102)

Most Florida counties require mediation before trial for:

• Child custody/time-sharing disputes
• Property division disagreements
• Alimony disputes
• Any contested family law matter

Exceptions:

• Domestic violence (either party can opt out)
• Cases where mediation would be futile
• Emergency situations

When Courts Order Mediation

Typically ordered:

• At case management conference
• After discovery but before trial
• Any time parties request it

You usually cannot get a trial date until mediation has been attempted.

---

Divorce Mediation Costs in Florida

Mediator Fees

Fees are typically split 50/50 between spouses unless otherwise agreed.

Your Total Cost

Additional Costs

• Attorney at mediation: $300-$500/hour (your own attorney)
• Document preparation: May be included or extra
• Room rental: Usually included in mediator fee

---

Mediation vs. Litigation: Cost Comparison

Bottom line: Mediation typically costs 90% less than taking contested issues to trial.

---

What Issues Can Be Mediated?

Commonly Mediated Issues

Property Division:

• Who keeps the house
• How to divide retirement accounts
• Division of bank accounts and investments
• Who gets which vehicles
• Allocation of debts

Alimony:

• Whether alimony is appropriate
• Amount and duration
• Type (bridge-the-gap, rehabilitative, durational)
• Modification terms

Child Custody (Time-Sharing):

• Parenting schedule
• Holiday and vacation time
• Decision-making authority
• Transportation arrangements
• Communication protocols

Child Support:

• Monthly amount
• Health insurance responsibility
• Extracurricular expenses
• College costs
• Deviation from guidelines

What Cannot Be Mediated

• Whether to grant the divorce itself (automatic in no-fault Florida)
• Child support below statutory minimums (court must approve)
• Custody arrangements against child's best interests

---

Advantages of Divorce Mediation

1. Cost Savings

Mediation costs $500-$2,000 total vs. $10,000-$50,000+ for litigation. Even unsuccessful mediation narrows issues for trial, reducing litigation costs.

2. Speed

Mediation can resolve disputes in one day. Litigation takes 6-24 months. If you reach agreement, your divorce can finalize weeks sooner.

3. Control

You decide the outcome, not a judge who doesn't know your family. Mediated agreements tend to be more creative and better tailored to your situation.

4. Confidentiality

Mediation is private. Litigation creates public court records. What happens in mediation stays in mediation (with limited exceptions).

5. Better Co-Parenting

Couples who mediate report better post-divorce relationships than those who litigate. This matters enormously when you're co-parenting.

6. Higher Compliance

People follow agreements they helped create. Mediated settlements have higher compliance rates than court-ordered judgments.

---

Disadvantages of Divorce Mediation

1. Doesn't Work for Everyone

Mediation requires:

• Both parties willing to negotiate
• Reasonable good faith
• Ability to advocate for yourself

Poor candidates:

• Domestic violence situations
• Severe power imbalances
• Narcissistic or controlling spouse
• Hidden assets suspected

2. No Guaranteed Outcome

You might pay for mediation and still not reach agreement. However, even "failed" mediation often narrows issues and informs settlement.

3. May Favor Stronger Negotiator

Without attorneys present, a more sophisticated spouse may gain advantage. Solution: bring your attorney to mediation.

4. Not Binding Until Filed

Verbal agreements in mediation aren't binding until written up and filed with the court. A spouse could theoretically back out.

---

How to Prepare for Divorce Mediation

Before Mediation

Gather Documents:

• Financial affidavit
• Tax returns (3 years)
• Bank statements
• Retirement account statements
• Property appraisals
• Debt statements
• Parenting schedule proposals

Know Your Numbers:

• Monthly expenses
• Income (yours and spouse's)
• Asset values
• Debt balances

Identify Priorities:

• What's most important to you?
• What can you compromise on?
• What's your BATNA (Best Alternative to Negotiated Agreement)?

During Mediation

DO:

• Listen actively
• Stay calm and professional
• Focus on interests, not positions
• Be willing to compromise
• Take breaks when needed
• Ask questions

DON'T:

• Interrupt or attack
• Make ultimatums early
• Lie or hide information
• Focus on "winning"
• Let emotions drive decisions
• Rush to agreement

After Mediation

• Review any agreement carefully before signing
• Have your attorney review if you didn't bring one
• Understand that signed agreements are binding
• Follow through on commitments

---

Should You Bring an Attorney to Mediation?

Advantages of Attorney at Mediation

• Legal advice in real-time
• Protection from unfair terms
• Help evaluating proposals
• Drafting assistance
• Confidence and support

When You Need an Attorney

• Complex assets (businesses, stock options, pensions)
• Significant alimony at stake
• Contested custody
• Power imbalance with spouse
• Spouse has an attorney

When You Might Go Alone

• Simple assets and debts
• Short marriage
• No children or agreed custody
• Both parties cooperative
• Budget constraints

Our recommendation: At minimum, have an attorney review any agreement before you sign.

---

Types of Divorce Mediation in Florida

Court-Connected Mediation

• Ordered by the court
• Mediators from court-approved roster
• Often lower cost
• May have time limits

Private Mediation

• Parties select mediator
• More flexibility in scheduling
• May cost more
• Often more experienced mediators

Attorney-Mediator

• Mediator is a licensed attorney
• Can explain legal concepts
• Cannot give legal advice to either party
• Often best for complex cases

Virtual Mediation

• Conducted via Zoom/video
• Became common during COVID
• Still widely available
• Convenient but some prefer in-person

---

Mediation Success Tips

1. Choose the Right Mediator

• Check credentials (Florida Supreme Court certified)
• Look for family law experience
• Consider style (facilitative vs. evaluative)
• Read reviews if available

2. Come Prepared

Preparation is the biggest predictor of success. Know your finances, know your priorities, know your limits.

3. Manage Expectations

You won't get everything you want. Neither will your spouse. A good settlement is one both parties can live with.

4. Focus on the Future

Relitigating past grievances wastes time. Focus on practical solutions for moving forward.

5. Consider the Children

If you have kids, their well-being should drive custody decisions. Courts scrutinize agreements that don't serve children's interests.

6. Know When to Walk Away

Not all cases settle. If your spouse is being unreasonable or hiding assets, it's okay to declare impasse and proceed to court.

---

What Happens If Mediation Fails?

If you reach impasse (no agreement):

Remember: Only 5-10% of divorces actually go to trial. Many cases settle after "failed" mediation during continued negotiations.

---

Our Mediation Services

We offer comprehensive mediation support:

Our approach: Thorough preparation dramatically improves mediation outcomes. We help you enter mediation knowing your numbers, your priorities, and your walk-away points.

---

Frequently Asked Questions

How much does divorce mediation cost in Florida?

Mediator fees range from $150-$400/hour, typically split between spouses. A 4-hour session costs $1,000-$1,400 total ($500-$700 each). This is 90% less than the $10,000-$50,000+ cost of litigating contested issues to trial.

Is mediation required for divorce in Florida?

For contested issues, yes—most Florida counties require mediation before trial. This applies to disputes over custody, property, alimony, and support. Exceptions exist for domestic violence cases and other special circumstances.

What is the success rate of divorce mediation?

Divorce mediation resolves 60-70% of cases without trial. Even when full agreement isn't reached, mediation often narrows disputed issues, reducing litigation costs. Only 5-10% of divorces actually proceed to trial.

Can I bring my attorney to mediation?

Yes, and it's often recommended. Your attorney can provide real-time legal advice, help evaluate proposals, and ensure you don't agree to unfair terms. At minimum, have an attorney review any agreement before signing.