Florida courts use two different terms that often get confused: mediation, where a neutral third party helps both sides reach their own agreement, and collaborative family law, where both spouses and their attorneys commit in writing to settle without going to court. A third option exists for couples who already agree: skipping the negotiation process altogether and filing an uncontested case.
Key Takeaway: Florida courts can order mediation for custody and time-sharing disputes once a court finds a dispute exists. Collaborative family law is a separate, voluntary process built around a written commitment not to litigate. If you and your spouse already agree on everything, neither process is required, an uncontested or simplified dissolution may fit instead.
How Does Florida Family Law Mediation Work?
Court ordered mediation in Florida is governed by Fla. Stat. 44.102, which requires it to be conducted according to rules of practice and procedure adopted by the Florida Supreme Court.
In practice, a certified mediator meets with both spouses, sometimes together and sometimes in separate rooms, to help them work through disputed issues like time-sharing, parental responsibility, support, or property division. The mediator does not decide the outcome and does not represent either side; the goal is an agreement both spouses sign onto voluntarily. Written communications made during mediation, other than a final signed settlement agreement, are generally exempt from Florida's public records law.
What Is Collaborative Family Law in Florida?
Collaborative family law is a distinct process from mediation. Both spouses, along with their respective attorneys, sign a written agreement committing to resolve the divorce without going to court, and often bring in neutral professionals, such as a financial specialist or a mental health professional, to help work through specific issues. The defining feature is the written commitment itself: if the collaborative process fails and the case ends up in litigation, the collaborative attorneys typically cannot continue representing their clients in court, which is meant to keep everyone motivated to reach a settlement. That is a structural difference from mediation, where the same attorneys, if any are involved, can carry the case forward into litigation if mediation does not resolve everything.
Is Mediation Required Before a Florida Divorce Hearing?
Sometimes. Fla. Stat. 44.102(2)(c) requires courts in circuits that have established a family mediation program to refer custody, visitation, or other parental responsibility issues (as defined in Fla. Stat. 61.13) to mediation once the court finds that a dispute exists.
The statute also builds in a safety exception: upon a party's motion, a 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. Whether mediation is required in your specific case, and on which issues, depends on your circuit's local rules and whether a genuine dispute exists for the court to send to mediation in the first place.
How Do You Find a Mediator in Florida?
Fla. Stat. 44.102 requires the chief judge of each judicial circuit to maintain a list of mediators who are certified by the Florida Supreme Court and registered to serve in that circuit.
That means the right starting point for finding a mediator, whether you are searching in the Orlando area, the Tampa area, or anywhere else in Florida, is your local circuit court clerk's office or family court self-help center, which can point you to the certified mediator roster for that circuit. Fees for a private mediator vary and are typically split between the parties unless a court orders otherwise.
When Can You Skip Mediation Entirely?
Mediation and collaborative law both exist to resolve disagreements. If you and your spouse do not have a disagreement, meaning you already agree on time-sharing, support, and how to divide property and debts, there is no dispute for a court to refer to mediation, and no need for the structured commitment a collaborative case requires. That situation is exactly what Florida's uncontested and simplified dissolution tracks are built for: both spouses sign a settlement agreement (and, for the simplified track, a joint petition) and the case moves toward a final hearing without a contested issue to mediate.
- Assuming mediation and collaborative law are the same process; they have different structures and different consequences if they do not resolve the case
- Skipping the domestic violence exception; if that history exists, raise it before the court orders mediation
- Searching for "mediators" without confirming they are Florida Supreme Court certified and registered in your circuit
- Assuming mediation is required for every divorce; it applies to disputed custody, time-sharing, and parental responsibility issues specifically
- Paying for mediation or a collaborative process when both spouses already agree and an uncontested filing would work instead
Frequently Asked Questions
How does Florida family law mediation work?
A certified mediator meets with both parties, either together or separately, to help them reach their own agreement on issues like time-sharing, support, or property division, instead of having a judge decide. Fla. Stat. 44.102 governs court ordered mediation, and mediation sessions are conducted under rules of practice and procedure the Florida Supreme Court adopts.
What is collaborative family law in Florida?
Collaborative family law is a process where both spouses and their attorneys agree in writing to resolve the divorce without going to court, often bringing in neutral financial or mental health professionals to help. If the collaborative process breaks down, the collaborative attorneys typically withdraw and the case moves to litigation with new counsel, which is different from mediation, where the same attorneys can continue either way.
Is mediation required before a divorce hearing in Florida?
It can be. Fla. Stat. 44.102(2)(c) requires the court, in circuits with an established family mediation program, to refer custody, time-sharing, or other parental responsibility disputes to mediation once the court finds a dispute exists. A court will not refer a case to mediation if a party shows there has been a history of domestic violence that would compromise the process.
How do you find a mediator in Orlando, Tampa, or elsewhere in Florida?
Each judicial circuit maintains a list of Florida Supreme Court certified mediators registered to serve in that circuit, kept by the chief judge. Your circuit court clerk or self-help center can direct you to the certified mediator list for your county, whether you are in the Orlando area (Ninth Circuit), Tampa area (Thirteenth Circuit), or elsewhere in the state.
Do you need a lawyer to go to mediation in Florida?
No. Mediation does not require either party to have an attorney present, though either side can bring one. The mediator does not represent either party and cannot give legal advice; their role is to help both sides communicate and reach their own agreement.
When can you skip mediation in a Florida divorce?
If you and your spouse already agree on every issue, property, support, and any parenting terms, and you qualify for an uncontested or simplified dissolution, there is no dispute for a court to send to mediation in the first place. Mediation exists to help resolve disagreements; it is not a required step for couples who reach a settlement on their own.
How Virdix Helps
If you and your spouse already agree on every issue in your case, Virdix turns that agreement into the Florida Family Law Rules of Procedure forms an uncontested or simplified dissolution needs, including the Marital Settlement Agreement and, where children are involved, a parenting plan, without a mediation or collaborative process in between. If you are still working through disagreements, mediation or collaborative family law may be the right step first. Start free. Pay once, only when your documents are ready.
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This article is for informational purposes only and does not constitute legal advice. Virdix is a document preparation service, not a law firm, and does not provide legal advice. Statutes and procedures can change; always confirm current information with the Florida Courts, the Florida Statutes, or your circuit court clerk. For advice about your specific situation, consult a licensed Florida attorney.
Sources: Chapter 44, Florida Statutes, Section 44.102 (leg.state.fl.us), Chapter 61, Florida Statutes, Section 61.13 (leg.state.fl.us)