Is Mediation Required in a Florida Divorce?
Short answer: In most Florida divorce and family cases, yes. Florida courts, including the 18th Judicial Circuit in Brevard County, typically require parties to attend mediation before a contested final hearing or trial. Courts can waive or modify the requirement, most commonly where there is a history of domestic violence that would compromise the process.
People are often surprised to learn that a judge will not hear their contested divorce until they have tried mediation. It is a deliberate choice by Florida courts: families who settle their own issues tend to follow the agreement and come back to court less often.
Where the requirement comes from
Florida statutes authorize courts to refer family cases to mediation, and the Florida Family Law Rules of Procedure set out how it works. Each judicial circuit adds its own administrative orders. In Brevard County's 18th Judicial Circuit, mediation is a standard step before a contested final hearing in divorce, paternity and modification cases.
When it usually applies
- Contested divorces with children or significant property issues
- Paternity cases that need a parenting plan and support
- Supplemental petitions to modify time-sharing, support or alimony
- Relocation disputes
Common exceptions
Mediation may be waived or changed
- A history of domestic violence that would compromise the process
- Cases already fully settled
- Simplified dissolutions with no disputed issues
- Emergency matters that cannot wait
Mediation still usually happens
- High-conflict cases without safety concerns
- Cases where one side doubts it will work
- Cases with complex assets
- Long-distance parties, who can mediate by video
Safety first: When there is a safety concern, mediation can also be restructured rather than skipped: parties can be placed in separate rooms or separate video sessions so they never interact directly. Read mediating when there is a history of domestic violence.
What if a party refuses?
When mediation is court-ordered, a party who refuses to attend in good faith can face consequences, including sanctions or having to pay the other side's fees for a wasted session. Attendance is required; agreement is not. You can attend, negotiate honestly and still reach an impasse.
Choosing to mediate even when it's not required
Many couples choose mediation before anything is filed, or in matters a court would not require it for, because it is faster, more private and usually less expensive. An agreement reached privately can be filed with an uncontested petition.
The court requires you to try. It never requires you to agree.
When to talk to a lawyer
Your lawyer can tell you whether mediation will be required in your case, when it is likely to be scheduled and how to prepare. Heather Harris Law handles family mediation matters throughout Brevard County.
Frequently asked questions
Can I skip mediation in a Florida divorce?
Usually not in a contested case. Courts typically require mediation before a contested hearing, though a judge can excuse or modify it, especially where domestic violence would compromise the process.
What happens if my spouse refuses to mediate?
If mediation is court-ordered, refusing to attend in good faith can lead to sanctions or fee awards. The case may also be delayed until mediation occurs.
Can mediation be done over video?
Yes. Many Florida mediations are held by video, which is helpful for long-distance parties or where separation is important.
Heather Harris Law, 650 South Courtenay Parkway, Suite 101, Merritt Island, FL 32952. Call (321) 452-7055. Heather Harris spent thirteen years as an Assistant State Attorney before opening her practice and is licensed in Florida and Alabama. This article is general information, not legal advice, and reading it does not create an attorney-client relationship.