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Why Mediation is Often Required in Florida Family Law Cases

In Florida family law, particularly for residents of Melbourne and Brevard County, mediation has become a cornerstone of the dispute resolution process. If you’re facing a divorce, child custody dispute, or modification of an existing order, you’ve likely heard that mediation is mandatory in many cases. But why is this the case?

In regard to family law matters, Florida courts strongly suggest cases head to mediation before they ever make it to a courtroom. Besides saving money for both sides of the case, it helps keep court backlogs from getting clogged and helps the system move more fluidly.

Under Florida Family Law Rule of Procedure 12.740, judges can refer all contested family matters—such as dissolution of marriage (divorce), paternity actions, child support, time-sharing (custody), alimony, and equitable distribution of assets—to mediation. In most circuits, administrative orders make mediation a mandatory step before a case can proceed to trial.

Mediation can help solve up to 90% of disputes some studies have found. Mediation results in fast resolutions, it helps preserve relationships, and it gives both parties more control. It really is just that simple.

The process is straight forward and consist of three important steps.

• Preparation: Bring financial documents, proposed parenting plans, and an open mind.
• Process: Discussions are confidential; nothing said in mediation can be used in court if it goes to trial.
• Outcome: If you reach agreement, it’s drafted into a mediated settlement agreement, which the court typically approves. If not, the case proceeds to trial—no prejudice from failed mediation.

There are exceptions of course. If domestic violence is involved, and safety is a concern, mediation may be waived, and the case will then head to the courtroom. Safety is a top priority for those involved in making this decision.

If you’re navigating a family law issue (or really any sort of legal issue) in Melbourne, FL, consider mediation early. It could save you time, money, and emotional strain. Contact a certified mediator or attorney experienced in Florida family law for guidance tailored to your situation.