Florida Family Law Mediation: A Comprehensive Guide

Introduction to Family Law Mediation

Family law disputes are often some of the most emotional and challenging cases to navigate. In Florida, mediation provides families with a structured and confidential alternative to litigation. Mediation is a process in which a neutral third party—such as Rachael Greene, Florida Supreme Court Certified Family Law Mediator—assists spouses, parents, and families in resolving their disputes respectfully and efficiently.

The goals of mediation are to reduce conflict, minimize costs, and shorten the time involved in family court proceedings. Mediation is guided by:

• Florida Rules for Certified and Court-Appointed Mediators

• Florida Family Law Rules of Procedure

• Section 44, Florida Statutes

Cases Appropriate for Mediation

Mediation can address nearly every aspect of a family law matter, including:

1. Dissolution of Marriage (Divorce)

2. Child Custody and Time-Sharing

3. Child Support

4. Alimony/Spousal Support

5. Division of Assets and Debts

6. Modifications of Agreements and Judgments

7. Paternity Disputes

8. Relocation Cases

9. Enforcement of Court Orders

When Mediation is Required in Florida

• Mandatory Mediation: In most Florida circuits, mediation is required before a contested family law case can proceed to trial. Judges may also order mediation at any stage.

• Voluntary Mediation: Many families elect to mediate voluntarily, either before filing a case or early in the process, particularly in uncontested dissolutions.

How the Mediation Process Works

1. Selection of Mediator
The mediator may be court-appointed or chosen by agreement of the parties. At St. Johns Law Group, Rachael Greene often serves in this role.

2. Pre-Mediation Preparation

• Exchange of financial affidavits (if applicable)

• Submission of parenting plans or proposals

• Consultation with legal counsel if desired

3. Mediation Session

• Introduction by the mediator

• Optional opening statements

• Identification and prioritization of issues

• Private caucuses with each party

• Negotiation and problem-solving

• Drafting of agreements if settlement is reached

4. Post-Mediation
If an agreement is reached, it is submitted to the court and can become part of the final judgment. If not, the case proceeds to trial, but the mediator only reports the outcome—not the reasons.

Role of the Mediator

The mediator is a neutral facilitator who helps clarify issues, identify common ground, and explore solutions. Importantly, the mediator does not provide legal advice or impose decisions.

Confidentiality in Mediation

Florida law protects the confidentiality of mediation communications. Discussions are privileged, and mediators cannot be subpoenaed to testify, except in cases involving threats of harm, child or elder abuse, or certain criminal conduct.

Benefits of Mediation

• Cost-effective alternative to trial

• Faster resolution of disputes

• Preserves parental relationships

• Encourages creative, customized solutions

• Reduces stress and adversarial conflict

Enforceability of Mediated Agreements

Once signed and approved by the court, mediated agreements are legally binding and enforceable. They may be incorporated into a divorce judgment or a modification order.

Mediator Profile: Rachael Greene

Rachael W. Greene is a seasoned family law attorney and Florida Supreme Court Certified Family Law Mediator with nearly 25 years of experience. She also serves as a Guardian ad Litem, advocating for the best interests of children. At St. Johns Law Group, her practice focuses on divorce, custody disputes, parenting plans, and complex family law mediation.

Parenting Plans in Mediation

Parenting plans are a central part of many mediations. Mediation helps families address:

• Time-sharing schedules

• Parental responsibility and decision-making

• Holiday, vacation, and school break arrangements

• Communication methods between parents and children

Florida law (§61.13) requires that parenting plans prioritize the child’s best interests.

Mediation vs. Litigation

Key Considerations Before Mediation

• Domestic Violence: Mediation may not be appropriate unless safeguards are in place. Parties must notify the mediator if safety concerns exist.

• Power Imbalance: Legal counsel can help protect fairness.

• Readiness to Negotiate: Both parties must be open to compromise.

Florida Statutes and Rules Governing Mediation

• Florida Statutes §§44.1011 – 44.406 (Mediation)

• Family Law Rules of Procedure Rule 12.740

• Rules for Certified and Court-Appointed Mediators

Conclusion

Mediation offers Florida families a respectful, efficient, and cost-effective path to resolving disputes outside of court. With guidance from an experienced mediator like Rachael Greene and the support of legal counsel, most cases can be resolved without the financial and emotional toll of litigation.

If you would like to learn more about family law mediation or schedule a session, contact St. Johns Law Group today.