The 5 Stages Of Divorce Mediation In Florida

Author: Florida Women's Law Group
Date: Oct 12 2021

The 5 Stages of Divorce Mediation in Florida

Mediation is a requirement for any divorce in Florida.  A divorce mediation is a way for both spouses to come together and discuss their issues and concerns with a neutral third party that helps reach mutually beneficial decisions.  The mediator assists in problem solving, effective communication and reach solutions.  They cannot provide legal advice, therapy or counseling in any way.  To ensure the best outcome, it is beneficial to bring an attorney who will fight for your interests and your future.

If you have never been divorced or involved in a legal matter what happens in a mediation may be unknown to you.  There are typically 5 stages to a mediation:

1. Introduction – Both parties arrive with their attorneys. In most cases, the spouses will be caucused, which means one spouse and their attorney is one room and the other in a different room.  They may come together at some point or just attorneys or not see each other at all.  The mediator introduces themselves and details the process.
   
   
2. Information Gathering – Typically before the meeting, attorneys provide background information on their client and the issues to be discussed.
   
   
3. Identify Issues and Interests of Both Spouses – The mediator spends time with each spouse to discuss the issues and the outcome that they desire. Based on this information they develop an agenda for discussion and resolution.
   
   
4. Negotiations – Each issue is addressed and the mediator works as the middle man to help get the parties to a compromise that works for both. They are experienced in negotiations and communication and can assist in focusing on problem solving.  If there is an issue that creates a standstill, they can often get conversations started in a different direction.
   
   
5. Settlement Reached – If both parties reach an agreement on all issues, the mediator will draft a settlement. Each spouse signs the settlement and mediator files it with the clerk of court.  It is legally binding and is very difficult to change.

If an agreement cannot be reached on all issues, another mediation can be scheduled to try again, or those issues will be sent to the court for the judge to decide the outcome.  If no agreement can be made at all, then both spouses go to court for the judge to make decision. 

Mediation can last a day or be decided over multiple days. It can be anywhere from 4-8 hours per day.  It is emotionally and mentally exhausting.  Before your mediation, try and get a good night’s sleep and make sure you eat and are hydrated. 

At Florida Women’s Law Group, we have the experience, resources and skills to provide you with empathetic and compassionate legal service.  We are here to provide legal advice and the assistance you may need throughout your divorce.   We represent women just like you to help you get through this and onto a better and happier life.