Florida Divorce Mediation Attorney

By Nadia Pazos, Family Law Attorney · AV Preeminent · 4.6★ Google · Updated August 6, 2026

Florida divorce mediation is governed by Fla. Stat. § 44.102 (court-ordered mediation), § 44.405 (confidentiality and privilege), and § 61.183 (mediation of contested family issues). Pazos Law Group represents spouses at mediation — Nadia Pazos appears as your advocate, not as the neutral.

Is mediation mandatory in a Florida divorce? (§ 44.102(2)(c))

For parenting issues in a circuit with a family mediation program, referral is mandatory once the court finds a dispute. § 44.102(2)(c) directs that the court “shall refer to mediation all or part of custody, visitation, or other parental responsibility issues as defined in s. 61.13.” Miami-Dade’s Eleventh Judicial Circuit operates such a program. Financial issues are referred under the court’s general authority in § 44.102(2) and, for contested family matters, under § 61.183(1). (official text of § 44.102.)

§ 61.183(1) reaches proceedings “in which the issues of parental responsibility, primary residence, access to, visitation with, or support of a child are contested,” and permits the court to refer the parties to mediation “in accordance with rules promulgated by the Supreme Court.” (official text of § 61.183.)

What if there has been domestic violence? (§ 44.102(2)(c))

The statute supplies an exit, but it is not automatic. The second sentence of § 44.102(2)(c) reads: “Upon motion or request of a party, a court shall not refer any case to mediation if it finds there has been a history of domestic violence that would compromise the mediation process.” Two conditions are built in — a party must ask, and the court must make the finding. Absent a motion, the referral proceeds.

Is what I say in divorce mediation confidential? (§ 44.405(1))

Yes, by statute rather than by custom. § 44.405(1): “Except as provided in this section, all mediation communications shall be confidential. A mediation participant shall not disclose a mediation communication to a person other than another mediation participant or a participant’s counsel.” The same subsection supplies teeth: a violation “may be remedied as provided by s. 44.406” — § 44.406, “Confidentiality; civil remedies” — and if the mediation was court-ordered it “may also subject the mediation participant to sanctions by the court, including, but not limited to, costs, attorney’s fees, and mediator’s fees.” (official text of § 44.405.)

Who holds the mediation privilege? (§ 44.405(2))

Each party does, and it runs against everyone. § 44.405(2): “A mediation party has a privilege to refuse to testify and to prevent any other person from testifying in a subsequent proceeding regarding mediation communications.” That is why an offer made and rejected at mediation cannot later be waved at trial as evidence of what a spouse “really” thought the case was worth.

When does mediation confidentiality not apply? (§ 44.405(4)(a))

The exceptions are closed and narrow. § 44.405(4)(a) removes confidentiality and privilege from “a signed written agreement reached during a mediation, unless the parties agree otherwise,” and from any mediation communication:

• for which confidentiality or privilege “has been waived by all parties”;
• “[t]hat is willfully used to plan a crime, commit or attempt to commit a crime, conceal ongoing criminal activity, or threaten violence”;
• “[t]hat requires a mandatory report pursuant to chapter 39 or chapter 415,” solely to make that report;
• offered to prove or disprove professional malpractice occurring during the mediation, solely in that proceeding;
• offered “for the limited purpose of establishing or refuting legally recognized grounds for voiding or reforming a settlement agreement reached during a mediation”; or
• offered to prove or disprove professional misconduct during the mediation, solely for the investigating body’s internal use.

Even then, § 44.405(4)(b) keeps the disclosure sealed for every other purpose: it “remains confidential and is not discoverable or admissible for any other purpose, unless otherwise permitted by this section.”

What exactly counts as a “mediation communication”? (§ 44.403(1))

Broader than speech. § 44.403(1) defines it as “an oral or written statement, or nonverbal conduct intended to make an assertion, by or to a mediation participant made during the course of a mediation, or prior to mediation if made in furtherance of a mediation.” Pre-session position statements and exchanged proposals are therefore covered. The same section adds one carve-out: “[t]he commission of a crime during a mediation is not a mediation communication.”

When does a court-ordered mediation legally begin and end? (§ 44.404)

This matters because the confidentiality window in § 44.405 tracks it. § 44.404(1) — the section titled “Mediation; duration” — provides that a court-ordered mediation “begins when an order is issued by the court” and ends when a partial or complete settlement agreement is signed (and approved by the court if required); when “[t]he mediator declares an impasse by reporting to the court or the parties the lack of an agreement”; when it is terminated by court order, rule, or law; or, after compliance with the order to appear, by agreement of the parties or by one party’s written notice of withdrawal — in which case “the termination is effective only for the withdrawing party.”

What happens if we reach an agreement? (§ 61.183(2))

It becomes a court order. § 61.183(2): “If an agreement is reached by the parties on the contested issues, a consent order incorporating the agreement shall be prepared by the mediator and submitted to the parties and their attorneys for review. Upon approval by the parties, the consent order shall be reviewed by the court and, if approved, entered. Thereafter, the consent order may be enforced in the same manner as any other court order.” This is the point of no return — and the reason to have counsel read the terms before signing rather than after.

Are mediation files public records in Florida? (§ 61.183(3))

No. § 61.183(3) provides that “[a]ny information from the files, reports, case summaries, mediator’s notes, or other communications or materials relating to a mediation proceeding pursuant to this section obtained by any person performing mediation duties is exempt from the provisions of s. 119.07(1)” — the inspection-and-copying requirement of Florida’s Public Records Act, § 119.07(1). That exemption sits alongside, not instead of, the § 44.405 privilege.

Which issues actually get resolved in divorce mediation?

The same ones a judge would decide, measured against the same statutes — which is why preparation matters more than atmosphere:

• Property and debt under § 61.075, which requires the court to “begin with the premise that the distribution should be equal,” and whose § 61.075(7) cut-off date fixes what is even on the table.
• Retirement under § 61.076(1), making all benefits “accrued during the marriage… marital assets subject to equitable distribution.”
• Alimony under § 61.08, limited since ch. 2023-315 to “temporary, bridge-the-gap, rehabilitative, or durational alimony” (§ 61.08(1)(a)), with durational capped by § 61.08(8)(b).
• Time-sharing under § 61.13, which since 1 July 2023 begins from the rebuttable equal time-sharing presumption in § 61.13(2)(c)1.
• Relocation under § 61.13001, triggered by a move of at least 50 miles from the principal residence for at least 60 consecutive days — a dispute that must be resolved by written agreement or court order, never unilaterally.
• Child support under § 61.30, whose guideline amount “presumptively establishes” the figure and whose § 61.30(11)(b)8. treats “at least 20 percent of the overnights of the year” as a substantial amount of time.

What is not on the table is set before the session. A premarital agreement under § 61.079 removes assets from the pool in advance, because § 61.075(6)(b)4. classifies as nonmarital anything “excluded from marital assets and liabilities by valid written agreement of the parties.”

Note that § 61.30(1)(a) expressly names a “mediation agreement” as a trigger for the mandatory time-sharing adjustment — the schedule agreed at mediation directly changes the support number.

Can a mediated settlement agreement be set aside? (Casto v. Casto, 1987)

Rarely, and on defined grounds. Casto v. Casto, 508 So. 2d 330 (Fla. 1987) supplies the framework Florida courts use to set aside a marital settlement agreement. The mediation statutes leave that door open on purpose: § 44.405(4)(a)5. lifts confidentiality for communications offered “for the limited purpose of establishing or refuting legally recognized grounds for voiding or reforming a settlement agreement reached during a mediation.” One consequence: because the signed agreement itself is outside confidentiality under § 44.405(4)(a), what you sign is provable even though what you said is not.

What does the mediator do — and what can they not do? (§ 44.403(4))

§ 44.403(4) defines a mediator as “a neutral, impartial third person who facilitates the mediation process,” whose role is “to reduce obstacles to communication, assist in identifying issues, explore alternatives, and otherwise facilitate voluntary agreements to resolve disputes, without prescribing what the resolution must be.” The mediator does not decide anything, does not represent either spouse, and cannot give either spouse legal advice.

Appointment and compensation are handled by § 44.102(4): the chief judge of each circuit “shall maintain a list of mediators who have been certified by the Supreme Court and who have registered for appointment in that circuit,” and “[n]onvolunteer mediators shall be compensated according to rules adopted by the Supreme Court.” A mediator conducting a court-ordered family mediation must hold Florida Supreme Court mediator certification — a credential separate from a law license and governed by the Florida Rules for Certified and Court-Appointed Mediators. Costs are typically shared, and how they finally fall is a separate question: § 61.16(1) lets the court, “after considering the financial resources of both parties,” order one party to pay the other’s reasonable attorney’s fees, suit money, and costs in any chapter 61 proceeding. See Florida divorce mediation cost.

How Pazos Law Group represents you at mediation

Nadia Pazos has practiced Florida family law for more than 20 years and appears at mediation as counsel for one spouse, from the firm’s Coral Gables office, in English and Spanish. That work is preparation, not persuasion of a neutral: fixing the § 61.075(7) cut-off date and classifying assets against § 61.075(6) before the session; running § 61.30 at each candidate overnight count; testing any proposed schedule against the § 61.13(2)(c)1. presumption; and pricing alimony against the § 61.08(8)(b) and § 61.08(8)(c) ceilings, so that no term is agreed without knowing what the statute would have produced. To schedule, see schedule a Florida divorce mediation.

Frequently Asked Questions

Is divorce mediation required in Florida?

For parenting issues, usually. § 44.102(2)(c) requires a court in a circuit with a family mediation program, upon finding a dispute, to “refer to mediation all or part of custody, visitation, or other parental responsibility issues as defined in s. 61.13.” § 61.183(1) permits referral where parental responsibility, access, or child support are contested.

Is what I say in divorce mediation confidential in Florida?

Yes. § 44.405(1) provides that “all mediation communications shall be confidential” and bars a participant from disclosing them to anyone other than another participant or a participant’s counsel. § 44.405(2) adds a privilege to refuse to testify and to prevent others from testifying about mediation communications in a later proceeding.

When is mediation not confidential in Florida?

Only in the situations listed in § 44.405(4)(a): a signed written agreement reached at the mediation; a waiver by all parties; communications willfully used to plan or commit a crime, conceal criminal activity, or threaten violence; mandatory reports under chapter 39 or 415; professional malpractice or misconduct claims arising from the mediation; and communications offered to void or reform the settlement agreement.

Can we be ordered to mediate if there was domestic violence?

Not if a party objects and the court so finds. § 44.102(2)(c) provides that “[u]pon motion or request of a party, a court shall not refer any case to mediation if it finds there has been a history of domestic violence that would compromise the mediation process.” A party must raise it; the exception is not applied automatically.

What happens after we settle at mediation?

Under § 61.183(2) the mediator prepares a consent order incorporating the agreement and submits it to the parties and their attorneys for review. Once the parties approve it, the court reviews and, if approved, enters it — and “[t]hereafter, the consent order may be enforced in the same manner as any other court order.”

Can a Florida mediated settlement agreement be undone?

Only on recognized grounds. Casto v. Casto, 508 So. 2d 330 (Fla. 1987) supplies the framework for setting aside a marital settlement agreement, and § 44.405(4)(a)5. lifts confidentiality for communications offered “for the limited purpose of establishing or refuting legally recognized grounds for voiding or reforming a settlement agreement reached during a mediation.”

Does the mediator decide who wins?

No. § 44.403(4) defines a mediator as “a neutral, impartial third person who facilitates the mediation process” whose role is to reduce obstacles to communication and facilitate voluntary agreements “without prescribing what the resolution must be.” The mediator does not represent either spouse and does not give legal advice.

Does a mediator have to be certified in Florida?

To conduct a court-ordered family mediation, yes. § 44.102(4) requires each circuit’s chief judge to maintain “a list of mediators who have been certified by the Supreme Court and who have registered for appointment in that circuit.” Florida Supreme Court mediator certification is separate from a law license and is governed by the Florida Rules for Certified and Court-Appointed Mediators.

When does a court-ordered mediation officially end?

§ 44.404(1), titled “Mediation; duration,” provides that court-ordered mediation begins when the court issues its order and ends when a settlement agreement is signed (and court-approved if required), when the mediator declares an impasse, when it is terminated by court order, rule or law, or by the parties’ agreement or one party’s written withdrawal — which is effective only for that party.

Divorce Mediation by City

Pazos Law Group offers divorce and family mediation across South Florida. Find your community:

Most-requested mediation communities: Pinecrest, Cutler Bay, Palmetto Bay, Coconut Grove, South Miami, and Doral.

Miami-Dade County

Broward County

Palm Beach County

What Our Clients Say

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★★★★★

“Nadia and her team were a pleasure to work with, especially during tough times. They managed to navigate some sticky situations with creativity and delivered the best results I could have hoped for. I highly recommend Pazos Law Group.”

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Related Resources

• How Much Divorce Mediation Costs in Florida →
• Florida Divorce Mediation FAQ →

This page is general information. Florida mediation is fact-specific. Reading this page does not create an attorney-client relationship.