Family Mediation & Pre-Suit Divorce

No. Mediation does not have to resolve every issue to be useful. Parties may reach a complete agreement, resolve only some of the disputed issues, or narrow the areas of disagreement that remain.

Even a partial agreement can reduce the number of issues that need to be addressed through attorneys or decided by the Court.

Yes. Pre-suit divorce mediation allows couples to work through the terms of their divorce before filing a contested case. Depending on the circumstances, this may include property and debt, financial issues, support, and, when there are minor children, parenting and time-sharing arrangements.

For couples who are able to reach agreement, the process may result in a Marital Settlement Agreement and, when applicable, a Parenting Plan that can be used as part of the divorce process.

Yes. Mediation is commonly used after a family law case has already been filed and may occur voluntarily, at the request of the parties or their attorneys, or pursuant to a court order.

Attorneys may participate in mediation when appropriate. The mediator remains neutral and does not replace either party’s attorney or provide legal advice to either party.

Mediation can be used to address many family law issues, including parenting plans, time-sharing, parental responsibility, property and debt, financial issues, child-related expenses, support, communication, and post-judgment disputes.

The issues addressed depend on the circumstances of the case and what the parties are legally permitted and prepared to resolve by agreement.

The amount of time needed depends on the number and complexity of the issues, the information available to the parties, and how much agreement already exists.

Some matters can be resolved during a single mediation session, while more complex cases may require additional time or more than one session. Standard family mediation is scheduled with a three-hour minimum. Pre-suit divorce packages include additional professional time based on the service selected.

Florida family mediation is generally confidential, subject to specific exceptions provided by law. The purpose of confidentiality is to allow parties to discuss concerns, proposals, and possible solutions more openly during the mediation process.

The mediator will review confidentiality and the mediation process with the parties before substantive discussions begin.

No. Virtual mediation can be structured in different ways depending on the circumstances of the case. Parties may meet together, separately in private virtual rooms, or through a combination of both.

Separate meetings, sometimes called caucuses, can be useful when direct communication is difficult, emotions are high, or additional structure is needed to support a productive mediation process.

The mediator cannot force either party to agree. If some or all issues remain unresolved, those issues generally return to the existing legal process or may be addressed through additional negotiation, another mediation session, attorneys, or the Court, depending on the circumstances.

The fact that mediation does not result in a complete agreement does not necessarily mean the process was unsuccessful. Resolving some issues or clearly identifying what remains disputed can still help move a case forward.

A history of domestic violence, coercive control, intimidation, or significant power imbalance requires careful consideration when determining whether and how mediation should occur. These circumstances do not automatically determine whether mediation is appropriate, but they may affect the structure of the process and the safeguards that are needed.

When appropriate, mediation may involve separate virtual rooms, limits on direct communication, attorney participation, or other procedural safeguards. Safety and each party’s ability to participate meaningfully and make voluntary decisions are important considerations throughout the process.

Mediation and therapy have different purposes. Therapy is intended to address mental health, relationships, emotional functioning, or behavioral change. Mediation is a dispute-resolution process focused on helping parties determine whether they can reach agreement about specific issues.

Although my background as a Licensed Marriage & Family Therapist informs my understanding of family dynamics and conflict, I serve only as a neutral mediator during mediation. I do not provide therapy, diagnose either party, establish a therapeutic relationship, or make clinical recommendations as part of the mediation process.

Standard family mediation is $150 per hour, per party, with a three-hour minimum.

Pre-suit divorce mediation packages are available for couples working toward an uncontested divorce. The package without minor children is $2,000 and includes up to five hours of professional time. The package with minor children is $2,900 and includes up to eight hours of professional time, including preparation of a Parenting Plan when applicable.

Additional time, services, or costs outside the scope of the selected service are discussed with the parties when applicable.

Pre-suit mediation can usually begin much more quickly than a contested court process because you do not need to wait for a court order or mediation referral before getting started.

Once both parties agree to participate, the required paperwork is completed, and the initial payment has been made, mediation can be scheduled based on the parties’ and mediator’s availability. How quickly the process moves from there depends largely on how prepared the parties are, whether the necessary financial information has been exchanged, and how many issues need to be resolved.

E-mail heather@vannmediation.com to ask about current scheduling availability

The mediation portion of a pre-suit divorce can often be completed relatively quickly when both parties are prepared to participate, have exchanged the necessary information, and are generally working toward an uncontested resolution. Some couples may be able to complete mediation and agreement preparation within a few weeks, while others need additional time to gather financial information, consider options, or work through more complex issues.

The legal divorce process has its own timeline. After agreements are completed and the divorce is filed, the timing of the final judgment depends on Florida’s legal requirements, court scheduling, and the procedures of the particular judicial circuit. The mediator cannot guarantee when a divorce will be finalized.

Pre-suit mediation can help the parties complete much of the decision-making before filing, but it does not control how quickly the Court can finalize the divorce.

No. Parties can participate in pre-suit divorce mediation without being represented by attorneys. The mediation process allows you to work through the issues that need to be resolved and, when agreement is reached, document those terms in a Marital Settlement Agreement and, when applicable, a Parenting Plan.

As a neutral mediator, I do not represent either party and cannot provide legal advice to either person. Either party may choose to consult with an independent attorney before, during, or after the mediation process, including having an attorney review a proposed agreement before it is signed.

Some couples complete the process without attorneys, while others use mediation to reach agreement and consult with attorneys only when they need independent legal advice. Having an attorney is a personal decision and does not prevent you from using pre-suit mediation.