When is Mediation Required in Florida?

In Florida, mediation is “a process whereby a neutral third person called a mediator acts to encourage and facilitate the resolution of a dispute between two or more parties” (Florida Statutes 44.1101). Mediation can be a great tool for family law cases as it is a non-adversarial form of alternative dispute resolution (ADR). In certain circumstances, courts will require mediation for a family dispute in Florida. Here, our Stuart family law attorney explains when a court may require mediation.

Florida Often Requires Mediation in Family Law Cases

In the context of family law cases in Florida, mediation is not just encouraged — it may be required by the court before parties can proceed to trial. Mediation can serve as a critical tool to help families resolve disputes without the financial, emotional, and time costs that are associated with litigation. Whether mediation is mandatory will depend on the specific circumstances of the case.

Mediation May Be Required for Many Types of Family Law Disputes

Technically, Florida law does not require mediation of every family law dispute. However, state policy strongly encourages collaborative/cooperative solutions for family law cases, including divorces and child custody matters. Further, Florida law empowers judges to order mediation in most family law cases. Under Florida Family Law Rules of Procedure 12.740 and 12.741, courts are authorized to refer a contested family case to mediation either:

1. Because one party to the case has filed a motion for mediation, or
2. The court has determined that the mediation is appropriate.

Here is a key point to be aware of: In Florida, it is common for courts to automatically require mediation in divorce, paternity actions, child custody (parenting plan) disputes, and post-judgment modification cases involving child support, timesharing, or alimony.

Note: Mediation is non-binding in Florida. Even if mediation is required for a family law case, such as a divorce case or a child custody case, parties are not required to resolve their case during the proceedings. If they make a good-faith effort but simply cannot reach a settlement agreement, other options are available, potentially including litigation.

Know the Exceptions to the Family Mediation Requirement in Florida

While there is a general assumption that courts in Florida will require mediation of family disputes before any litigation, there are some exceptions. Under Florida Rule of Family Law Procedure 12.740(f), the court may excuse mediation if any of the following apply:

• The issues involve questions of pure law that a mediator cannot resolve.
• One party has been subjected to (alleged) domestic violence by the other.
• The parties are so hostile or unwilling to negotiate that mediation would be futile; or
• The case involves an emergency motion, such as an urgent request for child custody.

Contact Our Stuart, FL Family Mediation Attorney Today

At The Law Office of Denise Miller, PA, our Stuart family lawyer has the skills and experience to help you navigate mediation. We put an emphasis on helping our clients find effective, low-conflict solutions. Call us now or contact us online for a fully confidential, no-obligation initial consultation. With an office in Stuart, we provide mediation services in Martin County and beyond.