Divorce Mediation: Decide it together,
not in a courtroom.
I'm Chris Taylor. I practice divorce and family law in Jacksonville and am a Florida Supreme Court Certified Family Mediator. My experience as both a family law attorney and certified mediator gives me insight into how the mediation process works and what helps cases settle. Mediation is an important part of a contested family law case because it is where many cases are ultimately resolved. This page explains how mediation works, what to expect, and how to prepare for it.
The process
What a mediation day looks like.
In Northeast Florida the court sends nearly every contested divorce to mediation before it will set a trial.
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01
We prepare.
Before mediation, we make sure you understand the full financial picture, know what you need, and understand the likely outcomes if you cannot reach an agreement.
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02
The mediator begins the session.
At the start of mediation, the mediator explains the process, including that mediation is confidential, the ground rules, and the mediator’s role. Depending on the case and the mediator, the parties may begin together or in separate rooms. The mediator may also ask each side to briefly explain the issues that need to be resolved.
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03
Offers go back and forth.
I give you my assessment of each proposal, explain the strengths and weaknesses, and help you decide whether to accept, reject, or counter. The mediator remains neutral.
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04
If you reach an agreement, we put it in writing.
If you reach an agreement, the terms are put in writing and signed. If more time is needed, the mediation may be continued. If the case does not settle, the mediator reports only that an agreement was not reached.
Many mediations are completed in a single session.
More complex cases may require additional sessions. Even then, mediation is typically much faster and more efficient than preparing for and proceeding to trial.
Why it works
Mediation provides opportunities that a trial cannot.
At trial, a judge may have only a few hours to learn about your family before making decisions that can affect it for years. The court is also limited in the relief it can order under Florida law.
Mediation gives the parties much more flexibility to craft solutions that fit their family, finances, and priorities. Most importantly, the decisions remain with the people who will live with the outcome.
Confidentiality.
What is said in mediation is generally confidential, subject to limited exceptions under Florida law. That allows you to discuss options and explore possible solutions more freely than you could in open court.
Far less time in the process.
Mediation still requires preparation, but generally far less than preparing for trial. If an agreement is reached, the terms can often be reduced to writing that day. After trial, it may take days or weeks before the court enters a final judgment.
Two paths
Settle at mediation, or go to trial?
Mediation typically provides the best opportunity for the parties to resolve their case, but not every case settles. If the case cannot be resolved at mediation, the next step is to prepare for trial.
Divorce mediation
You want a say in the outcome and are willing to negotiate in good faith, with full information on the table.
You're reading about it nowContested divorce
Mediation failed, or the other side is hiding assets or making demands no judge would grant. Some cases need a ruling.
See contested divorceCommon questions
What people ask about mediation.
Is mediation required in a Florida divorce?
In the Jacksonville area, in practice yes. Contested cases are routinely ordered to mediation, and where children are involved the court has to refer it. You have to show up. You do not have to agree, and you can walk away. Where there has been a history of domestic violence, the court can decide not to send the case to mediation at all, and it is meant to screen for that before making a referral.
Do I need a lawyer at mediation?
You can attend without one. The mediator, however, is neutral by design and is not allowed to advise you or protect your interests. Deciding whether an offer is fair, and what you are giving up by accepting it, is the lawyer’s job. That is the reason I am in the room.
Can you serve as the mediator instead of my lawyer?
Yes, in cases where I do not represent either spouse. I am a Florida Supreme Court certified family mediator and I mediate for couples who are self-represented and for couples who each have their own attorney, in person or virtually. I cannot be both your lawyer and the neutral in the same case.
What should I bring?
Complete financial information, and an honest idea of what you need rather than what you want. If you suspect your spouse has not disclosed everything, tell me before the session, because discovery tools exist to get it and mediating on incomplete numbers is how people sign agreements they regret.
Can we mediate after the divorce is final?
Yes. What worked in year one often does not work in year ten, and former spouses who can still talk usually get further at a mediation table than in a contested hearing. See modifications.
Mr. Taylor was very attentive. He was eager and was in constant communication with me since the initial phone call.
- Two decades of practice
- Divorce and family law exclusively
- 10/10 Avvo rating
- Barrister, Florida Family Law Inn of Court
Free 45-minute case review
Let’s see what can be agreed.
Whether you need a lawyer beside you at mediation or a neutral to run it, the free 45-minute case review is the place to start. Tell me where the case stands and I will tell you what I think.
