Florida courts frequently refer divorce cases to mediation before trial, especially when minor children are involved. Mediation is not required for an uncontested divorce, but it’s often the fastest, cheapest path. Under Florida Statute § 44.102, courts may refer family disputes to mediation, with an explicit exception for cases involving a documented history of domestic violence.
When does a Florida court order mediation?
Florida courts routinely refer contested divorce cases to mediation before allowing the case to proceed to trial. The authority comes from two interlocking statutes.
Florida Statute § 44.102 authorizes courts to refer all or part of a family dispute to mediation, including issues of custody, visitation, and parental responsibility. The statute reads, in part: “A court, under rules adopted by the Supreme Court… may refer to mediation all or any part of a filed civil action.”
Florida Statute § 61.183 is the family-law-specific referral rule. It directs courts in dissolution actions involving contested issues of parental responsibility, primary residence, access to or visitation with the child, or child support to refer the parties to mediation when appropriate.
Whether the court orders mediation in your specific case depends on the judge, the circuit’s local rules, the issues in dispute, and whether minor children are involved. Cases with contested parenting issues are referred to mediation in the overwhelming majority of Florida circuits. Cases with no minor children and only asset disputes are referred at varying rates depending on the circuit. The Florida court system held more than 60,000 mediation sessions in fiscal year 2023–2024, including roughly 17,954 family mediations, according to the Florida Office of the State Courts Administrator.
Is mediation required for an uncontested divorce in Florida?
No. If both spouses agree on every issue (division of assets, division of debts, alimony if applicable, parenting plan, and child support if applicable), the case is uncontested and the court does not require mediation. You can file the agreed Marital Settlement Agreement and proceed to the final judgment without mediating.
Most uncontested divorces still benefit from a single mediation session. The reason is practical: drafting the Marital Settlement Agreement and the parenting plan to the standards Florida courts require is exacting work. A typical 2-hour mediation case at ADR Mediation Center produces a court-ready packet for about $2,600. Filing it pro se without that drafting work is what produces the most common pro-se mistakes: ambiguous time-sharing language, missing tax allocations, no support-modification clauses.
What is the difference between voluntary and court-ordered mediation?
Voluntary mediation happens before either spouse files for divorce, or after filing but before a court order requires it. The couple chooses to mediate. The mediator drafts the Marital Settlement Agreement, the couple files an uncontested petition with the agreement attached, and the court enters the final judgment based on the parties’ agreement.
Court-ordered mediation happens after a contested case has been filed. A judge orders the parties to attempt mediation before the case proceeds to a contested final hearing or trial. The court usually sets a deadline by which mediation must occur and a status conference to check on results.
The substance of mediation looks similar in both paths. The difference is the timing relative to the court file, and the cost structure: voluntary mediation skips the contested-case filing entirely and is dramatically cheaper. Most Florida circuits run a “court-connected” mediation program with sliding-scale fees under Florida Statute § 44.108 for couples below an income threshold; private mediation costs more per session but typically resolves the case in one session.
What is the domestic violence exception?
Florida Statute § 44.102 contains an explicit carve-out: “Upon motion or request of a party, a court shall not refer any case to mediation if it finds there has been a history of domestic violence that would compromise the mediation process.”
This is the law’s recognition that mediation depends on both spouses being able to negotiate from positions of equal power. Where one spouse has used violence, threats, or coercive control against the other, the mediation table is not safe. The court cannot order mediation in those cases over a party’s objection.
Peer-reviewed research has documented that mediators sometimes fail to detect domestic violence during intake screening; Beck, Walsh & Weston (2005) found that mediators missed DV in 56.9% of cases that involved it. That research is why responsible Florida mediators screen carefully for DV and intimate-partner coercion at intake, and why they refer cases out when the screening surfaces it. ADR Mediation Center conducts that screening as part of every initial consultation.
Can a Florida court force me to mediate if I don’t want to?
In a contested case, yes. A court can order both parties to attempt mediation. Attempting mediation does not mean reaching an agreement. The duty is to participate in good faith. If mediation does not produce a settlement, the case returns to the court’s docket and proceeds to the next stage.
The party who refuses to participate in court-ordered mediation can be sanctioned. The party who participates in good faith but does not reach agreement faces no penalty; that’s the design. Mediation is not arbitration. The mediator does not impose a decision. Either party can decline to settle.
The exceptions to court-ordered mediation are the DV exception in § 44.102 and any other circumstance the judge determines would make the process inappropriate (for example, a party with diminished capacity who cannot participate meaningfully).
What happens if mediation fails?
The case returns to the court’s contested track. The mediator files a brief report with the court stating whether mediation resulted in an agreement (without disclosing what was said during the session; see the confidentiality discussion below). The next steps are discovery, motions, possibly a pre-trial conference, and eventually a contested final hearing or trial.
In practice, most family mediations in Florida produce at least a partial settlement, even when full resolution does not happen in one session. Partial agreements on undisputed issues narrow the matters that need court adjudication, which still saves time and money even when full settlement does not occur.
Is what I say in mediation confidential?
Yes. Florida’s Mediation Confidentiality and Privilege Act (Fla. Stat. §§ 44.401–44.406) makes mediation communications privileged. Under § 44.405, “all mediation communications are confidential, and a mediation participant cannot disclose a mediation communication to a person other than another mediation participant or a participant’s counsel.” The Florida Bar Journal explains: “a mediation party has a privilege to refuse to testify and to prevent any other person from testifying in a subsequent proceeding regarding mediation communications” (Cohen, The Mediation Privilege, 2013).
What this means in practice: an offer made in mediation that doesn’t get accepted cannot be used against you later in court. The mediation room is structured so both spouses can explore options without fear of those explorations becoming evidence.
Frequently asked questions
Do I have to attend mediation in person?
No. Most Florida mediators, including ADR Mediation Center, conduct mediation by Zoom so you can join from home, from work, or from anywhere with a stable internet connection. Florida’s Supreme Court supports virtual mediation under current state guidelines, and court-ordered mediation can usually be completed remotely as well, subject to the local circuit’s rules. Virtual mediation has the additional benefit of letting each spouse participate from a comfortable, separate location, which often reduces tension.
How long do I have to attempt mediation if the court orders it?
The deadline is set in the court’s order. Most Florida circuits set 60 to 90 days. Private mediation typically resolves within that window in a single session.
Can my lawyer attend the mediation with me?
Yes. Each spouse may have counsel present at mediation. Counsel often participates by phone or video to reduce cost. Whether to retain counsel for mediation is your choice; many couples mediate without independent attorneys and have a lawyer review the final Marital Settlement Agreement before signing.
Can I refuse to mediate based on my religious beliefs or personal convictions?
A simple objection to mediation is generally not sufficient to avoid a court order. A documented history of domestic violence is the statutory ground. If you have a different objection that you believe makes mediation inappropriate, raise it through counsel before the court enters the referral order.
What if my spouse is the one who refuses to participate?
You can attend the scheduled mediation and the mediator will document the non-participation. The court can then impose sanctions on the non-participating party. This is one reason Florida circuits have a high mediation attendance rate even in contested cases.
Do I still need to file a divorce petition before mediating?
No. Voluntary mediation can happen before either spouse files. The mediator drafts the Marital Settlement Agreement; the couple then files an uncontested petition with the agreement attached. This is the cheapest and fastest path because it skips the contested-case track entirely.
Is the mediator a judge or a lawyer?
Neither, necessarily. A Florida Supreme Court Certified Mediator is a neutral facilitator certified by the Florida Supreme Court. The mediator does not represent either spouse, does not give legal advice, and does not decide the case. Charles Geller is a licensed clinical therapist of more than 30 years and a Florida Supreme Court Certified Mediator in Family, Civil, and Appellate Mediation, not an attorney. Some Florida mediators are practicing attorneys; many are not.
What if our case has been ordered to court-connected mediation and we’d rather use a private mediator?
You can usually substitute a private mediator with the court’s permission. The motion is routine in most Florida circuits. The advantage of private mediation is scheduling flexibility and longer session blocks; the trade-off is the higher per-session cost compared to the income-scaled court program under § 44.108.
Ready to start mediation in Florida?
Whether your case is being headed to court-ordered mediation or you want to settle voluntarily before filing, the first step is the same: a free 30-minute Zoom consultation with Charles Geller. He’ll explain how Florida law applies to your specific situation and what to expect from the process.
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Related pages
- How Much Does Divorce Mediation Cost in Florida?
- What Is the Fastest Way to Get Divorced in Florida?
- Divorce vs. Mediation: Which Is Right for You?
- How It Works