I Am Supposed To Go To Mediation: How Do I Prepare?

Virtually every new family law case – divorce, paternity, parental relocation, etc. – will be required to go to court-ordered mediation. The Florida supreme court has recently implemented new rules for 2025 mandating judges to move cases to conclusion as soon as possible. Although judges were initially hesitant to require cases to go to pre-trial mediation, primarily out of lack of familiarity with mediation, today over 75% of all family law cases settle in whole or part in mediation without the necessity of a trial. This is so successful, the judges now fully embrace mediation and refer cases to mediation even when the cases are truly not ready for it. But what is mediation? How are mediators selected and how do you prepare to mediate your case?

Mediation is a dispute resolution process that is governed by Florida statutes, the Florida Family Law Rules of Procedure, and the Florida supreme court. Mediators are certified by the court and are neutral in every case, often not even apprised of the facts of a case until the mediation begins. The goal of mediation is to reach a comprehensive and enforceable settlement of the issues in a family case as memorialized in a settlement agreement agreed to and signed by all parties. The agreement is then sent to the court for incorporation into a final Order or Final Judgment and becomes the enforceable resolution of the case.

The heart of the mediation process is confidentiality, that is, except for the terms of the settlement agreement, nothing that is said in mediation is to be disclosed outside of the mediation itself. This encourages a free exchange of ideas and negotiations. Many mediations have each party in a separate room with the mediator shuttling between rooms bringing offers and responses to the parties. Good mediators will work to create innovative proposals to break deadlocks and settle the case. Mediators have no authority to order either party to perform or refrain from any action, and work with the parties’ respective attorneys to bridge differences and settle the case. If the case completely settles in mediation there will be no need for a trial of the case, and the attendant costs, time, stress and heartache of a contested trial can be avoided.

In order to prepare for mediation, a few points are important. First, each side should treat the mediation as perhaps the only real opportunity to meet face-to-face and work to resolve the case. Each side should have realistic expectations about their positions and those of the other party. Second, each side should be prepared to negotiate in good faith, understanding that the court is unlikely to give either side a complete “victory”. Each side must be willing to allow the other side to gain some important points in order to achieve the overall goal of a settlement. Thus, it is important to thoroughly prepare for mediation. It is important not to believe that the mediator is “working” for one side or the other rather than working to help both parties settle the case. Finally, always keep in mind that the perfect is not to be the enemy of the good, and that a settlement where both sides achieve some of their goals and walk away from others is likely to be a good result.

To learn more about my firm and speak with an experienced matrimonial and family law lawyer, email me or call (786) 281-5015.