Family Law Mediation in Broward County
Mediation is a confidential, court-approved settlement process facilitated by a neutral third party. Four of our partners are Florida Supreme Court Certified Mediators, and mediation is the forum in which the majority of our cases resolve.
Quick answer
Family mediation is a confidential settlement process in which a neutral Florida Supreme Court certified family mediator helps both parties negotiate an agreement instead of leaving the outcome to a judge. Most contested family cases in Broward, Miami-Dade, and Palm Beach counties are ordered to mediation before trial. Four of the firm’s attorneys are Florida Supreme Court certified mediators and serve as neutrals in South Florida matters.
Family Mediation in Florida: key facts
- Governing law
- Fla. Stat. ch. 44 and Fla. R. Civ. P. 1.700–1.730
- Confidentiality
- Mediation communications are confidential under the Mediation Confidentiality and Privilege Act
- Court requirement
- Ordinarily ordered in contested family cases before a trial is set
- Neutral
- Florida Supreme Court certified family mediator
- Outcome
- A signed mediated settlement agreement becomes binding and is incorporated into the final judgment
Overview
Broward County requires mediation in contested family cases before final trial. Mediation is confidential — communications made during the session cannot be used in court — and the parties, not the mediator, control the outcome.
A successful mediation ends with a written Mediated Settlement Agreement that becomes binding on the parties and, once ratified by the court, is incorporated into the final judgment.
How the firm approaches family mediation
When we represent a party at mediation, we prepare a settlement position supported by financial documentation and, where appropriate, expert input in advance. Preparation converts mediation from an open-ended negotiation into a structured decision.
When we serve as neutral mediator, we bring decades of family law practice to bear on the issues the parties actually need to resolve.
Frequently Asked Questions
Is mediation confidential?
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Yes. Communications made during a Florida family mediation are privileged and inadmissible in later court proceedings, with narrow statutory exceptions.
Is a mediated agreement binding?
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A written Mediated Settlement Agreement signed at the session is binding when it complies with Rule 12.740 of the Florida Family Law Rules of Procedure.
Do I need an attorney at mediation?
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Not legally, but strongly advised. The mediator is neutral and cannot give either party legal advice. The agreements reached at mediation are typically the final resolution of the case.
What if we can't reach agreement?
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The mediator reports an impasse to the court and the case proceeds toward trial. Nothing said during mediation is disclosed to the judge.
Is mediation required before a divorce trial in Florida?
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In practice, yes. Florida circuit courts, including the 17th Judicial Circuit in Broward County, routinely order parties in contested family cases to attend mediation before a final hearing is scheduled. Limited exceptions exist, most notably where there is a history of domestic violence, in which case a party may object to mediation.
Is a mediated settlement agreement binding in Florida?
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Yes. Once both parties and their counsel sign a mediated settlement agreement, it is an enforceable contract that a Florida court will incorporate into the final judgment. Setting one aside is difficult and generally requires proof of fraud, duress, coercion, misrepresentation, or overreaching, which is why terms should be reviewed carefully before signing.
What is the difference between mediation and arbitration in a Florida family case?
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A mediator is a neutral facilitator with no power to decide anything; the parties control the outcome and there is no agreement unless both sign. An arbitrator, by contrast, hears evidence and issues a decision. Family mediation is far more common in Florida, is confidential, and preserves each party's right to proceed to trial if no agreement is reached.
Discuss your matter, in confidence.
Monday – Friday, 8:30 a.m. – 5:00 p.m. (closed 12:00 – 1:00 p.m.)