FLORIDA COURT-ORDERED FAMILY MEDIATION
Ordered to Mediation?
I May Be an Option.
A court order requiring mediation does not necessarily mean that the court must choose your mediator. Depending on the referral order and the procedures in your judicial circuit, I may be available to serve as the neutral family mediator in your case.
Availability and mediator selection are subject to the court's referral order, applicable rules and local circuit procedures.
THE COURT ORDERED MEDIATION
WHAT NOW?Review the mediation order
Determine how the mediator will be selected
Determine which fee structure applies
Schedule mediation consistent with the order
Already have an order referring your family case to mediation? You can contact me to determine whether I may serve as the mediator.
THE SAME MEDIATION PRINCIPLES APPLY
Court-ordered does not mean court-controlled.
When a judge refers a family case to mediation, the parties are required to participate in the mediation process as directed by the court. That does not mean the mediator becomes a judge or decides the case.
My role remains neutral. I facilitate the discussion, help identify the issues and assist the parties in exploring possible resolutions. The parties themselves decide whether to reach an agreement and what the terms of any agreement will be.
The court can require you to attend mediation. The mediator does not decide what you must agree to.
SELECTING A MEDIATOR
Can I use Florida Family Mediation for court-ordered mediation?
Depending on the court's order and local procedures, the parties may be able to agree upon or request a qualified mediator rather than simply using an assigned mediator.
Review the Order
The first step is determining exactly what the court's mediation order requires, including any provisions regarding mediator selection, deadlines, fees or attendance.
Determine Whether I May Serve
If the order and local circuit procedures allow the parties to select or propose a mediator, I may be available to conduct the mediation.
Confirm the Fee Structure
Court-connected mediation and privately retained mediation can operate under different fee structures. The applicable arrangement should be determined before scheduling.
COURT-ORDERED MEDIATION FEES
The price depends on how the mediation is referred and funded.
Not every court-ordered family mediation is billed the same way.
Court-established fees may apply.
In some family cases, the parties qualify for mediation through a circuit court mediation program based on the applicable financial criteria.
When the case is handled through that court-connected program, the fees charged to the parties are established by the applicable law, court program and jurisdiction — not by my regular private mediation rate.
My normal mediation fee generally applies.
If the parties retain me privately to satisfy a court mediation requirement and the compensation is not otherwise established by the court or applicable program, my standard mediation rate generally applies.
Generally scheduled in two-hour blocks.
A two-hour session is $450 total. If divided equally, that is typically $225 per party.
View Standard Mediation Fees →CONFIDENTIALITY
Court-ordered mediation is still a confidential process.
Florida law generally protects mediation communications from disclosure, subject to specific statutory exceptions. The fact that mediation was ordered by the court does not turn the mediation session into a court hearing.
If the parties reach an agreement, the agreement may be reduced to writing and submitted as appropriate. If no agreement is reached, the mediator reports the result as required by the applicable rules without reporting the substance of the parties' negotiations.
THE MEDIATOR'S ROLE
I am not either party's attorney.
Court appointment does not create an attorney-client relationship between the mediator and either participant.
AS MEDIATOR, I CAN
- Facilitate communication between the parties
- Help identify the issues that need to be addressed
- Help organize the mediation discussion
- Explore possible settlement options with the parties
- Help document agreements reached in mediation
- Conduct the mediation neutrally and impartially
AS MEDIATOR, I CANNOT
- Represent either party
- Act as either party's attorney
- Provide either party with legal advice
- Advocate for one party against the other
- Decide who is right or wrong
- Force either party to accept an agreement
- Appear in court on behalf of either party
Either party may consult or retain independent legal counsel before, during or after mediation.
AFTER MEDIATION
What does the court learn?
Agreement
If the parties reach agreement on one or more issues, those agreements can be reduced to writing and handled in accordance with the applicable family-law rules and court procedures.
Partial Agreement
The parties may resolve some issues while leaving others unresolved. Mediation does not have to resolve the entire case to be productive.
No Agreement
If no agreement is reached, the mediator reports the mediation result as required without giving the court a recommendation about how the disputed issues should be decided.
VIRTUAL MEDIATION
Court-ordered mediation may be conducted remotely when permitted.
Florida Family Mediation conducts private mediation sessions virtually. For a court-ordered case, remote participation must be consistent with the mediation order, written stipulation of the parties or authorization of the court.
REMOTE MEDIATION CAN PROVIDE
- Participation from separate locations
- No travel to a mediator's office
- Statewide availability
- Private breakout rooms when appropriate
- Document review and discussion by video conference
COMMON QUESTIONS
Court-ordered family mediation FAQ
If the judge ordered mediation, can we choose our own mediator?
It depends on the court's referral order and the procedures used in the judicial circuit. In some cases the parties may agree upon or propose a mediator. You can contact me with information about your mediation order to determine whether I may serve.
Does court-ordered mediation cost $225 per hour?
Not necessarily. If the mediation is provided through an applicable court-connected mediation program, the amount paid by the parties may be established by the court program or applicable law. When I am privately retained and no other court-established compensation applies, my normal mediation rate generally applies.
Is court-ordered mediation confidential?
Yes. Florida law generally makes mediation communications confidential and privileged, subject to specific statutory exceptions. Court-ordered mediation does not eliminate those confidentiality protections.
Can you represent me during the case?
No. I serve as a neutral mediator and cannot represent either participant, become either participant's attorney or advocate for either side.
Will you go to court with me after mediation?
No. My role is as the neutral mediator. I do not appear in court on behalf of either participant or serve as either participant's litigation attorney.
Does the mediator tell the judge what happened during mediation?
The mediator does not provide the judge with a report describing the parties' confidential settlement negotiations or recommend how the judge should decide the case. The result of mediation is reported as required by Florida's mediation rules.
Can we reach a partial agreement?
Yes. If some issues are resolved but others are not, the parties can document the matters they have resolved while leaving the remaining issues for further resolution or court determination.
Can court-ordered mediation be held by Zoom?
Remote mediation may be available when it is permitted by the court's referral order, a written stipulation of the parties or authorization from the court.
HAVE A MEDIATION ORDER?
Find out whether I can serve as the mediator in your case.
Schedule a free consultation or contact Florida Family Mediation to discuss the court's mediation order, mediator selection and the applicable fee structure.
Schedule a Free Consultation Court-ordered mediation is subject to the referral order, applicable Florida rules and local circuit procedures.