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Mediation Helping People Move Forward with Their Life

Florida Divorce Mediation Attorneys

Don’t Drag Your Divorce Out – Call Our Divorce Mediators in FL

Simply put, mediation occurs when both parties come together with a neutral third-party and attempt to come to terms. While the mediator is generally an attorney, advocating for either party is not allowed. Because of this neutrality, certified mediators have proven effective at negotiating the conflicts that typically involve family law disputes.

At the Virga Law Firm, P.A., our Florida divorce mediation attorneys are effective both inside and outside of the courtroom.

What Is Mediation?

Mediation is a form of alternative dispute resolution that is used in a private forum before a case is filed in court. During this process, a third party provides assistance to help the involved parties define issues and create plans to deal with such problems. The role of the mediator is to sit down with each party to discuss the various options and to develop various proposals in order to have the case resolved with little to no disputes or resentment between the parties.

Florida statute guides the mediator’s actions to ensure appropriate conduct. In cases of family law, the mediator is required to:

  • Remain neutral.
  • Restrain from forcing any agreement.
  • To conduct mediation with primacy on the mutual good of both parties.

The mediator is required to keep the negotiation confidential. By listening to the desire of both parties, the mediator will attempt to construct a suitable plan. Often, this requires a give and take process between parties. Successful mediation likely involves a series of concessions from both sides.

Skillful settlement negotiation can sometimes lead to satisfactory solutions without ever going through the arduous process of full litigation. We will work closely with mediators to both represent your legal goals and reach any suitable agreement. Through our extensive background, we are prepared to help you capitalize on the opportunity mediation provides.

Should your mediation conclude with an agreement, a small number of additional steps exist before finalizing the judgement. All parties will sign appropriate documentation for court submission. A Florida court will review said documentation to ensure statute requirements have been met. Only then, will a judge approve of the negotiated terms and proceed with final judgement.

Divorce Mediation vs. Litigation

  • Divorce Mediation - Mediation allows divorcing couples use to negotiate acceptable divorce agreements with the assistance of a mediator, who helps them communicate and negotiate. While a mediator can make suggestions, a mediator does not make any decisions for couples. Mediation is often simpler, faster, less stressful, and more affordable than litigation.
  • Divorce Litigation – Litigation is most-often used in contested, high-tension divorces to resolve disputed issues. In most cases, litigated divorce cases cost more than mediated divorce cases due to trial expenses, delays, pricey attorney fees, and more.

The Benefits of Choosing Mediation Over Divorce

While mediation and litigation can both be used to finalize a divorce, many find it easier and less emotionally taxing to use mediation over litigation.

To help individuals understand, our attorneys have created a graph, which compares mediated and litigated divorce cases:

MediationLitigation
In a mediated divorce case, spouses determine the best interest of their child.If parents cannot agree on custody issues, the court may determine a strict custody order, creating a possibility for a child to become unhappy or emotionally unstable.
The divorcing couple determines and controls the outcome of the divorce.A judge or commissioner decides the outcome of the divorce case.
Mediation is a confidential process that allows for a couple’s decisions to remain between the spouses and the third-party. Additionally, there are no filed declarations of accusations against one another.All filed declarations of accusations are held in public records, meaning anyone can view these files at any time.
A mediator will help the divorcing couple negotiate a fair settlement.Property division decisions may depend on the following: how aggressive a spouse’s attorney is, a judge’s opinion, prescribed court schedules, and which spouse is more aggressive.
Alimony, child support, and parenting plans are likely to be maintained when they are mutually decided.Spouses may develop resentment towards one another, creating a lack of commitment for each spouse to follow court orders.
Mediation allows each spouse to maintain their dignity. In addition, mediation allows for divorcing partners to work together to reach a solution, creating a more positive and cordial outcome.Litigation can cause spouses to grow hostile towards each other since much of the divorce may include arguments, declarations of accusations, and choices made my a court or judge.

Using Mediation to Resolve Time-Sharing Disputes

Determining a time-sharing arrangement for your child can be one of the most stressful aspects of a custody dispute. Many parents worry about how decisions regarding their child’s schedule, daily care, and upbringing will be made, especially when these matters are left to a judge. Mediation offers an alternative that allows parents to take control of the process, collaborate on a time-sharing plan, and reach an agreement that prioritizes the best interests of their child.

Mediation in time-sharing disputes follows the same structured approach as other family law mediations but focuses on resolving issues related to:

  • Weekly and holiday schedules for parenting time.
  • Transportation and exchanges between parents.
  • Decision-making responsibilities regarding education, healthcare, and religious upbringing.
  • Communication guidelines for when the child is with the other parent.

During mediation, both parents work with a certified family law mediator, who remains neutral and facilitates discussions to help them reach a mutual agreement. Mediation sessions are confidential, allowing parents to speak openly without fear that their words will be used against them in court.

Mediation offers several benefits for parents looking to resolve time-sharing disputes. These include: 

  • More Control Over the Outcome – Parents, not a judge, decide the details of their time-sharing plan.
  • Less Conflict and Stress – Mediation fosters cooperation and reduces hostility compared to courtroom litigation.
  • Confidential Process – Unlike court proceedings, mediation discussions remain private.
  • Encourages a Healthy Co-Parenting Relationship – Working together in mediation helps parents set a foundation for future cooperation.

While mediation is a flexible and collaborative process, it is still important to have an experienced family law attorney by your side to ensure your parental rights are protected and that any agreement reached serves your child’s best interests.

What to Expect During Your Mediation

If you are going through a divorce or family law dispute, mediation may be one of the most important steps in your case. For many individuals, this process is unfamiliar and not knowing what to expect can lead to anxiety or uncertainty. Having a clear understanding of how mediation works can help you prepare and approach negotiations with confidence.

Choosing a Mediator

Mediation is led by a neutral third party, known as the mediator, who facilitates discussions and helps both sides work toward an agreement. In Florida:

  • The parties can agree on a private mediator.
  • If the parties cannot agree, the court may appoint a mediator.
  • The mediator does not make decisions but helps guide both sides toward a resolution.

Costs and Time Limits for Mediation

  • The cost of mediation depends on whether it is court-appointed or privately arranged.
  • Under Florida law (Fla. Stat. § 44.108), mediation costs are based on the income of both parties to ensure affordability.
  • Mediations are typically scheduled for three hours, but sessions may be extended as needed.

The Mediation Process

Mediation usually takes place in a private setting rather than a courtroom, creating a more relaxed and collaborative environment. The structure typically includes:

  1. Opening Statements – The mediator explains the process and guidelines.
  2. Private Sessions (Caucuses) – The parties are usually placed in separate rooms while the mediator moves between them to relay offers and discuss negotiations.
  3. Negotiation and Compromise – The mediator helps clarify concerns, highlight shared interests, and propose solutions to bridge the gap between the parties.

Your attorney will be present to guide you, ensure your rights are protected, and help negotiate fair terms. In some cases, third parties (such as financial advisors or family members) may be allowed in mediation if both sides agree.

Everything said in mediation is strictly confidential. Florida law prohibits disclosing statements made during mediation in court. This confidentiality rule encourages open communication and allows both parties to explore settlement options without fear of repercussions.

Possible Outcomes of Mediation

Mediation can end in one of three ways:

  • Full Agreement – The parties reach a settlement on all disputed issues.
  • Partial Agreement – Some issues are resolved, but others remain contested.
  • Impasse – No agreement is reached, and the case proceeds to litigation.

If an agreement is reached, the terms will be put in writing and signed by both parties. If mediation is unsuccessful, the case will return to court for a judge to decide the remaining issues.

Preparing for Mediation

  • Identify your goals and priorities ahead of time.
  • Gather all relevant documents (financial records, parenting plans, etc.).
  • Be open to compromise but know your non-negotiables.
  • Trust your attorney’s guidance to navigate the process effectively.

Advice from a Mediation Specialist

Certified Family Law Mediators have participated in specialized training and mentorship, and they understand clients' desires to quickly and efficiently resolve family law issues.

At The Virga Law Firm, P.A., our Florida divorce mediation lawyers understand the importance of effective negotiation and mediation. Utilizing our decades of experience, our highly trained divorce mediation attorneys can help you prepare for the process and protect your interests. 

Have questions concerning family law mediation? Contact our office to schedule a consultation!n!

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