Frequently Asked Questions about Divorce Mediation

How long does divorce mediation take?

Since all divorcing couples are different there is never a fixed time frame. The "right" number of mediation meetings and their duration and frequency are determined by the actual time each couple needs to work out mutually satisfactory arrangements. In very general terms, a divorcing couple with children and limited assets and liabilities might expect their divorce mediation meetings to consist of one or two sessions.

Do I need a lawyer during divorce mediation?

No, an attorney is not required. Our mediators are certified by the Florida Supreme Court, and can complete the entire process without your hiring an attorney.  In mediation, some clients are represented by an attorney from start to finish. Some clients hire an attorney solely to review documents. Some never hire a lawyer. We advise all clients in mediation to consider retaining counsel, at least to review the settlement agreement before signing it, but this is the choice of the individual.

What happens if we can't reach an agreement in mediation?

When couples can not reach an agreement on some of the terms of their divorce, their case goes to court to settle those areas not resolved. And the family members are then “at the mercy of the Court”. 

How much does divorce mediation cost?

Most couples share the cost of their mediation. Our hourly fee applies to all time spent in meetings, and in drafting agreements and other required documents. We have a minimum of one two-hour meeting with both parties, and a one-hour review and signing follow-up session. This reflects a $600 minimum cost, plus the cost for document preparation.

Can the mediator give us legal or financial advice?

The mediator is a neutral, impartial facilitator of the discussions. The mediator can not and will not give legal, tax or financial advice, nor act as a therapist, although he/she may give guidance on how to seek such advice.

Is everything I tell the mediator confidential?

Most communications in the mediation process are privileged and confidential. Information received by the mediator from either party, outside the presence of the other, shall remain confidential unless the party consents to sharing that information with the other party.

What information is not confidential?

Some information can not be kept confidential. Any communication made in mediation about child abuse, elder abuse, or a plan to commit a crime is not privileged and must be reported to appropriate authorities under legally defined circumstances.

Is the mediated agreement binding?

An agreement reached by the parties in mediation constitutes a binding agreement and will be filed with the Court.

What about the future?

Parties can return to mediation for changes to a marital settlement. Changes can be made to all areas of the original agreement, including support, custody, and visitation.