Family Mediation in Sarasota
Mediation is a confidential process where a neutral third party helps you and your spouse negotiate a settlement. It is required in most Florida divorce cases before the court will allow a trial, but many couples choose mediation voluntarily because it is faster, cheaper, and less adversarial than litigation.
At Bragg Family Law, we represent clients in family mediation throughout Sarasota County. We help you prepare, negotiate effectively, and make sure any agreement you reach protects your rights.
How Family Mediation Works
Step 1: Selection of Mediator
The mediator is a neutral third party, usually a family law attorney or retired judge trained in mediation. The mediator does not represent either spouse and cannot give legal advice. Both spouses agree on the mediator, or the court appoints one.
Step 2: Pre-Mediation Preparation
Before the mediation session, both spouses exchange financial documents and identify the issues to be resolved. Your attorney helps you prepare a settlement position, understand your options, and know your bottom line.
Step 3: The Mediation Session
Mediation typically takes place in a single full-day session, though some cases require multiple sessions. The format usually involves:
- Joint sessions where both spouses and their attorneys meet together with the mediator
- Private caucuses where the mediator meets with each spouse separately to discuss positions and explore compromises
- Back-and-forth negotiation until an agreement is reached or it becomes clear that mediation will not resolve the case
Step 4: Settlement Agreement
If you reach an agreement, the mediator drafts a mediated settlement agreement that day. Both spouses sign it. The agreement is then incorporated into the final divorce judgment. If you do not reach an agreement, the case proceeds toward trial.
What Can Be Mediated?
Mediation can resolve any issue in a family law case, including:
- Property and debt division
- Alimony
- Child custody and time-sharing
- Child support
- Attorney fees and costs
- Post-divorce modifications
Benefits of Mediation
- You control the outcome. In litigation, a judge decides. In mediation, you and your spouse decide.
- Confidential. What happens in mediation stays in mediation. Court records are public.
- Faster. Most mediations resolve in one day. Litigation can take months or years.
- Less expensive. One day of mediation costs far less than preparing for and attending a trial.
- Less adversarial. Mediation focuses on problem-solving, not blame. This is especially important when you will be co-parenting after the divorce.
- More flexible. You can craft creative solutions that a court would not order, such as phased property transfers or custom time-sharing schedules.
Court-Ordered Mediation in Florida
Under Florida Family Law Rule 12.740, most contested family law cases must go to mediation before the court will schedule a trial. The court may order mediation early in the case or closer to the trial date. If mediation fails, the case proceeds to trial.
Even in court-ordered mediation, you are not required to settle. If you cannot reach an agreement, the mediator files a notice of impasse with the court, and the case moves forward.
Do I Need a Lawyer at Mediation?
You are not required to have a lawyer at mediation, but it is strongly recommended. The mediator is neutral and cannot give you legal advice. Without your own attorney, you may agree to terms that are not in your best interests, especially on complex issues like property division, alimony, or child support calculations.
Your attorney at mediation will:
- Help you evaluate settlement offers
- Advise you on what a judge would likely order if the case went to trial
- Make sure the agreement is legally sound
- Review the drafted agreement before you sign
Frequently Asked Questions
How much does mediation cost in Sarasota?
The mediator's fee is typically split between the spouses. Mediators in Sarasota generally charge $200 to $400 per hour, and a full-day mediation usually takes 4 to 8 hours. Your own attorney's fees are separate. Overall, mediation is significantly less expensive than going to trial.
Is mediation required in Florida divorce?
Yes, in most contested cases. Florida courts require mediation before scheduling a trial. If your case is uncontested, you do not need mediation.
What if we cannot agree at mediation?
The mediator files a notice of impasse with the court, and your case proceeds toward trial. You are not required to settle. However, most cases do settle at mediation because the alternative (trial) is more expensive and unpredictable.
Can mediation work for high-conflict couples?
It depends. If there is domestic violence or a severe power imbalance, mediation may not be appropriate. In other high-conflict cases, the mediator can use shuttle mediation (where the spouses are in separate rooms and the mediator goes back and forth) to reduce direct confrontation.
Speak With a Sarasota Family Mediation Attorney
If you are facing mediation or want to use mediation to resolve your family law case, we can help you prepare and represent you at the table. Call us at (941) 893-1555 or schedule a free consultation.