Is mediation required in a Florida family law case?
In South Florida, family courts generally require mediation before a contested family case goes to trial. Mediation is a confidential process where a neutral mediator helps both sides reach their own agreement. The mediator does not decide the case or give legal advice. Any agreement is put in writing, signed, and submitted to the court for approval.
What family mediation is, and what it is not
Mediation is a confidential process where a neutral mediator helps both sides talk through the issues and reach their own agreement. Parents often use it to work out a parenting plan, a time-sharing schedule like “every other weekend,” child support, or the details of a divorce.
The mediator does not decide the case and does not give legal advice to either side. Any agreement is put in writing, signed, and submitted to the court for approval. South Florida family courts generally require mediation before a contested family case goes to trial, so many families will go through it at some point.
Two roles, never both in the same case
Annette Sanchez is a Florida Supreme Court Certified Family Mediator. That means our firm can help at mediation in two different ways, and it is important to understand the difference before you call.
When Annette serves as the neutral mediator, each party may still have their own attorney. That way each person can get legal advice, which the mediator cannot give.
- Annette as your mediator: she is neutral and does not represent either party in that case
- Our firm as your attorney: we represent you at a mediation where a different mediator is serving
- Never both: if Annette mediates your case, the firm does not represent anyone in that case
How to prepare for mediation
Mediation tends to be more productive when you arrive knowing what matters most to you. For parents, that usually means thinking about your children’s daily routines, school, and how weekdays, weekends, and holidays will work.
Before your session, it helps to gather:
- Your current schedule with the children and the schedule you want
- Information about your income and major expenses
- A list of the issues you agree on and the ones you do not
- Questions for your attorney about any proposal you expect
Keeping the focus on your children
Mediation lets parents shape a plan around their own family instead of having a judge choose one for them. Many parents find that working toward an agreement, even on just some issues, keeps the attention on the children rather than the conflict.
Mediation is not the right fit for every situation. If you have safety concerns about the other parent, talk with a lawyer before the session about how to proceed.
How Annette Sanchez Law helps
- Annette can serve as a neutral Florida Supreme Court Certified Family Mediator
- We represent clients at mediations where a different mediator is serving
- We help you prepare your priorities, information, and a proposed parenting plan
- We review any proposed agreement with you before you sign
Frequently asked questions
Can Annette be my mediator and my lawyer?
No. When Annette serves as the neutral mediator in a case, she does not represent either party in that case, and our firm will not represent either side in it. If you want our firm as your attorney, we can represent you at a mediation where a different mediator is serving. Either way, each party may have their own attorney at mediation.
Does the mediator decide who gets the kids?
No. The mediator does not decide the case and does not give legal advice to either side. The mediator’s job is to help both parents talk through the issues, such as time-sharing and parental responsibility, and reach their own agreement. If you do not agree on everything, the remaining issues can still be decided by the court as your case moves forward.
Is what I say in mediation confidential?
Mediation is a confidential process. That confidentiality is part of what allows both sides to speak more openly and explore options for their family. There are details and limits that depend on your situation, so ask your attorney before the session what confidentiality covers in your case and what you should keep in mind while you are there.
Do I need a lawyer if we are going to mediation anyway?
Each party may have their own attorney at mediation. The mediator stays neutral and cannot give you legal advice, so a lawyer can explain your rights, help you prepare, and review any proposed agreement before you sign. Whether you need one depends on your case and what is at stake, and we are glad to talk that through with you honestly.
What happens if we reach an agreement at mediation?
Any agreement is put in writing and signed. It is then submitted to the court for approval. In a case with children, the agreement might cover time-sharing, parental responsibility, or child support. Because a signed agreement matters so much, make sure you understand every term before you sign, ideally with your own attorney reviewing it with you.
What if we only agree on some things?
That is common. Mediation does not have to resolve every issue to be worthwhile. Parents sometimes agree on part of a parenting plan and still disagree about other parts. Any agreement you do reach is put in writing, signed, and submitted to the court for approval. Depending on your case, the issues you do not settle may still be decided by the court.
