Mediation is a process in which the parties to a dispute (and their attorneys) meet with a neutral, third-party mediator who works with the parties to resolve their differences and settle the dispute (often a lawsuit). In divorce cases, the court will often order the spouses to engage in mediation in an attempt to agree on how to resolve matters at issue in the divorce—including (1) the division of marital property, (2) the division of marital debts, (3) child custody and visitation, if applicable, (4) child support, if applicable, and (5) spousal support.
The parties are not required to settle or resolve their differences at mediation, and if they are unable to do so, the divorce case will proceed to trial, with the judge making many of these determinations. Settlement talks or discussions at mediation are generally not admissible in evidence at trial.
In Florida, mediation is a common step in the divorce process, often mandated by the court to encourage the parties to resolve their disputes amicably. The mediation process involves a neutral third-party mediator who assists the divorcing spouses in negotiating the terms of their divorce, including the division of marital property and debts, child custody and visitation, child support, and spousal support. While the mediator facilitates discussions and helps the parties explore settlement options, they do not have the authority to impose a settlement. Participation in mediation is typically required, but reaching an agreement is not; if the parties cannot settle their differences through mediation, the case will proceed to trial where a judge will make the final decisions. Importantly, communications during mediation are confidential and generally cannot be used as evidence in court, which encourages open dialogue and negotiation without fear of compromising a party's position at trial.