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In Florida, mediation is a tool used in family court matters to help parties resolve differences and reach an agreement. If used appropriately, mediation can be faster, cut legal expenses, and help the parties come to terms on a contested issue before the court hears it.
Typically, a Florida Supreme Court-certified mediator will conduct the process. The court’s rules and statutes require that the mediator:
Courts may often order the parties to attempt mediation before trial to settle those issues where the parties can agree. See Fl. Stats. § 44.102.
Mediation proceedings and discussions are typically confidential, except where the law provides otherwise, so parties can speak more freely than they could in court. Nothing said in mediation can be repeated to anyone other than the other party’s attorney, if they aren’t present at the mediation. See Fl. Stat. §§ 44.401 – 406.
In mediation, both parties have more control over their case and the outcome. If a contested issue, or the entire divorce or custody dispute ends up in trial, the court controls the outcome. Because the parties have more buy-in and more control in mediation, they can usually resolve their case sooner.
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The parties can resolve most issues in mediation or resolve only those matters upon which they haven’t been able to agree. Issues resolved in mediation may include:
The court may also order Parenting Coordination, a similar alternative dispute resolution process that helps the parties develop a shared parenting plan.
Mediation can cost significantly less than a full trial with multiple court hearings. Florida law sets the cost of mediation and reduces rates for families with income under $100,000 a year. The parties need to file a financial affidavit so that the court can set the rate for your mediation, and then you must pay all the fees to the court before the mediation. If your income exceeds $100,000 a year, you will hire a private mediator and pay the mediator directly at an agreed-upon rate. See Fl. Stats. § 44.108.
Income Mediation Rate
Income $50,000 – $100,000. $120 per party per session
Income $49,999 and under $60 per party per session
If you and your partner can file a Marital Settlement Agreement before the date of your mediation, you can request a refund of all fees.
If you or someone you know needs assistance or representation with a mediation, contact Orlando divorce law attorneys, Veliz Katz Law for a consultation.
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Disclaimer: The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship.
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