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Probate, estates & elder care mediators in Florida

3 probate, estates & elder care mediators listed in Florida, from official court and government rosters.

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Mediators who work online with Florida clients

No mediator from another state has told us they work online with Florida clients in this practice area yet. Local mediators may also offer video sessions; ask when you contact them.

Court-ordered case? Courts may require a mediator from their own approved list for court-ordered cases. Check your court’s rules, or see how mediation works in Florida.

Court-connected mediation in Florida: Florida statute has each circuit keep a list of Florida Supreme Court-certified mediators registered there for court appointments in civil, family and dependency cases. Whether parties may agree on a non-certified mediator was not confirmed.

Private mediation in Florida: No state license for private mediators was found in the Florida statutes reviewed; Supreme Court certification is tied to court-ordered mediation. No rule specific to out-of-state or online mediators was found.

Sources: Fla. Stat. § 44.102, Court-ordered mediation (Online Sunshine) · Fla. Stat. § 44.1011, Definitions (Online Sunshine) · Unlicensed Practice - Formal Advisory Opinions, The Florida Bar · partly verified

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In-depth explainers

Probate and estate mediation

How mediation works in Florida probate and guardianship disputes: when courts use it, deadlines, who attends, confidentiality, and choosing a mediator. · Fact-checked 2026-10-06

This guide is general information, not legal advice. Probate law is technical and deadlines are short. If you have an interest in an estate or guardianship, consider getting advice from a Florida probate lawyer.

Estate disputes are rarely only about money. They involve grief, old family patterns, and objects with meaning no appraisal captures. Litigation can drain an estate and leave relatives no longer speaking. Mediation gives family members, beneficiaries, and fiduciaries a structured, private setting to work out a solution they choose. This guide covers how that works in Florida.

Which court, and which rules

In Florida, the circuit court has exclusive original jurisdiction over settling decedents' estates, guardianship, and the determination of incompetency.1

Procedure in those cases follows the Florida Probate Rules, which govern all probate and guardianship proceedings. The Probate Rules say the Florida Rules of Civil Procedure "apply only as provided in these rules."2

Adversary proceedings

The key link is the rule on adversary proceedings. Many common estate fights are adversary proceedings by default, including proceedings to:3

  • remove or surcharge a personal representative or guardian;
  • contest the validity of a will, or revoke probate of a will;
  • determine beneficiaries;
  • construe, reform, or modify a will;
  • partition property for distribution;
  • determine the amount of an elective share.

Any party can also declare a proceeding adversary by serving a declaration, and the court can make any proceeding adversary at any time.3 Once a proceeding is adversary, it is conducted much like a civil lawsuit, and the Florida Rules of Civil Procedure govern (with one listed exception not related to mediation).3

How mediation enters the case

Under the civil rules, the presiding judge may refer all or part of a contested civil matter to mediation, and the parties may stipulate to mediate any issue at any time.4 Florida's mediation statute likewise lets a court refer all or any part of a filed civil action to mediation.5 Unless the court orders otherwise, the first mediation session must be held within 60 days of the referral order, and mediation must be completed within 45 days of the first session unless extended.46

The Probate Rules themselves contain no separate mediation rule. How often probate judges refer cases to mediation, and at what stage, varies by circuit and by judge.

Deadlines that mediation does not pause

Estate deadlines can be short and some cannot be extended. One example: a person served with a notice of administration who wants to challenge the validity of the will, the qualifications of the personal representative, venue, or jurisdiction must generally object within 3 months after service. The statute says that time may not be extended except for estoppel based on a misstatement by the personal representative.7

If you are considering mediation before filing anything, protect your deadlines first. Talk to a lawyer about what needs to be filed and when.

Guardianship disputes

Guardianship cases raise different questions: whether a person needs a guardian at all, who should serve, and how much authority they should have. Florida's guardianship law states a preference for the least restrictive form of guardianship and says alternatives to guardianship, and less restrictive means of help, should be explored before a plenary guardian is appointed.8 Mediation can be a place to explore those options among family members, while respecting that the person at the center of the case has rights of their own. See our elder care mediation guide for more on family conflicts about an aging relative.

Who needs to be in the room

In a court-ordered civil mediation, a party is treated as present only if the party (or a representative with full authority to settle without further consultation) and the party's lawyer, if any, attend.9 For a personal representative or guardian, that means someone who can actually bind the estate or ward, subject to any court approval the law requires. Ask your lawyer whether a settlement will need court approval.

Each party must file a notice, 10 days before mediation, naming who will attend and confirming their authority, unless the parties agree otherwise.9 A party that fails to appear without good cause can be sanctioned, including payment of mediator fees, attorney fees, and costs.9 Having authority does not oblige anyone to settle.9

Choosing a mediator

The Florida Supreme Court certifies county court, family, circuit court, dependency, and appellate mediators.10 Because probate and guardianship cases are circuit court matters,1 certified circuit court mediators are the usual fit.

In a court-referred case, the parties have 10 days from the referral order to agree on a mediator. If they cannot agree, the court appoints a certified mediator by rotation or local procedure, and at either party's request it must appoint a certified circuit court mediator who is a Florida Bar member.11 The parties may also agree on a non-certified mediator whom the judge finds qualified.11

Some families want a mediator with experience in trusts and estates, tax, or family dynamics. Ask about that experience directly.

Fees

A court-referred mediator may be paid by the parties or serve without pay. The judge may decide whether the mediator's fees are reasonable, and without a written fee agreement the mediator is paid at the hourly rate set in the referral order. Where appropriate, each party pays a proportionate share.11 Some families agree that the estate will pay. Put the arrangement in writing.

What the mediator does

Florida's mediator ethics rules say decisions belong to the parties. A mediator "must not make substantive decisions for any party" and must not coerce anyone.10 A mediator may point out possible outcomes and discuss the merits of a claim, but must not predict how the court will rule. If a party seems not to understand how an agreement could affect their legal rights, the mediator must tell them they can get independent legal advice.10

Confidentiality

Florida's Mediation Confidentiality and Privilege Act applies to court-ordered mediation, to mediation the parties expressly agree to conduct under the act, and to mediation run by a Florida Supreme Court-certified mediator unless the parties agree otherwise.12 Covered mediation communications are generally confidential and privileged.13 Exceptions include a signed written agreement (unless the parties agree to keep it confidential), threats of violence, and information that must be reported under Florida's child and vulnerable-adult abuse laws.13

If you reach an agreement

Under the civil rules, any partial or final agreement must be in writing and signed by each party or its representative with full authority to settle. The mediator reports the existence of a signed agreement to the court without comment within 10 days.14 If a party later breaches the agreement, the court may impose sanctions, including entry of judgment on the agreement.14 If there is no agreement, the mediator reports that to the court "without comment or recommendation," and the case continues.14

How to prepare

  • Collect documents. The will or trust, prior versions if you have them, inventories, account statements, and correspondence.
  • List the items that matter. Family heirlooms often cause more conflict than money. Name them.
  • Think in options. Buyouts, sales with split proceeds, in-kind distributions, timelines for selling a house, or an agreed accounting.
  • Bring advisers. Your lawyer, and possibly an accountant, can help you test options during the session.

Ready to look for help? Browse Florida mediators at /fl/ or tell us about your dispute at /get-matched/.

Frequently asked questions

Can a Florida probate judge order mediation? Florida's Probate Rules do not have their own mediation rule, but in adversary proceedings such as will contests, the Florida Rules of Civil Procedure govern, and those rules let a judge refer all or part of a contested civil matter to mediation. Practice varies by circuit and by judge.

Does mediation extend the deadline to challenge a will? Do not assume it does. Someone served with a notice of administration generally has 3 months from service to object to the validity of a will, and the statute allows extension only for estoppel based on a misstatement by the personal representative.

What kind of mediator should we use for an estate dispute? Probate and guardianship cases are heard in circuit court, so certified circuit court mediators are the usual fit. In a court-referred case, either party can ask the court to appoint a certified circuit court mediator who is a Florida Bar member.

Is what we say in estate mediation confidential? In court-ordered mediation, or mediation with a Florida Supreme Court-certified mediator, Florida law generally makes mediation communications confidential and privileged, with exceptions such as a signed agreement and reports of abuse of a vulnerable adult.

Sources

  1. Fla. Stat. § 26.012(2)(b) (2026). https://www.flsenate.gov/Laws/Statutes/2026/26.012 ↩ ↩2

  2. Fla. Prob. R. 5.010 (eff. Oct. 1, 2026). https://www-media.floridabar.org/uploads/2026/10/Probate-Rules-10-01-26.pdf ↩

  3. Fla. Prob. R. 5.025 (eff. Oct. 1, 2026). https://www-media.floridabar.org/uploads/2026/10/Probate-Rules-10-01-26.pdf ↩ ↩2 ↩3

  4. Fla. R. Civ. P. 1.700(a) (eff. Oct. 1, 2026). https://www-media.floridabar.org/uploads/2026/10/Civil-Procedure-Rules-10-01-26.pdf ↩ ↩2

  5. Fla. Stat. § 44.102(2)(b) (2025). https://www.flsenate.gov/Laws/Statutes/2025/44.102 ↩

  6. Fla. R. Civ. P. 1.710(a) (eff. Oct. 1, 2026). https://www-media.floridabar.org/uploads/2026/10/Civil-Procedure-Rules-10-01-26.pdf ↩

  7. Fla. Stat. § 733.212(3) (2026). https://www.flsenate.gov/Laws/Statutes/2026/733.212 ↩

  8. Fla. Stat. § 744.1012 (2026). https://www.flsenate.gov/Laws/Statutes/2026/744.1012 ↩

  9. Fla. R. Civ. P. 1.720(b), (c), (e), (f) (eff. Oct. 1, 2026). https://www-media.floridabar.org/uploads/2026/10/Civil-Procedure-Rules-10-01-26.pdf ↩ ↩2 ↩3 ↩4

  10. Florida Rules for Certified and Court-Appointed Mediators (eff. Jan. 1, 2025), Rules 10.100, 10.310, 10.370. https://flcourts-media.flcourts.gov/content/download/1998036/file/Rules%20for%20Certified%20&%20Court-Appointed%20Mediators.pdf ↩ ↩2 ↩3

  11. Fla. R. Civ. P. 1.720(j)-(k) (eff. Oct. 1, 2026). https://www-media.floridabar.org/uploads/2026/10/Civil-Procedure-Rules-10-01-26.pdf ↩ ↩2 ↩3

  12. Fla. Stat. § 44.402(1) (2026). https://www.flsenate.gov/Laws/Statutes/2026/44.402 ↩

  13. Fla. Stat. § 44.405 (2026). https://www.flsenate.gov/Laws/Statutes/2026/44.405 ↩ ↩2

  14. Fla. R. Civ. P. 1.730 (eff. Oct. 1, 2026). https://www-media.floridabar.org/uploads/2026/10/Civil-Procedure-Rules-10-01-26.pdf ↩ ↩2 ↩3

Elder care mediation

How families in Florida can use mediation for disputes about an aging relative's care, money, or housing, plus when to call the ombudsman or abuse hotline. · Fact-checked 2026-10-06

This guide is general information, not legal advice. If someone is in danger, call 911. If you suspect abuse, neglect, or exploitation of a vulnerable adult, report it before anything else.

When a parent or other relative needs more help, families face hard choices: whether to move a loved one, who will provide care, who pays, who manages money, and who makes medical decisions. Siblings often see the situation differently, and old tensions come back. Elder care mediation gives everyone, including the older adult, a structured place to talk with a neutral person helping. This guide explains how it can fit with Florida's legal system and public resources.

What elder care mediation covers

Elder care mediation is not a separate legal process. It is mediation applied to the issues that come up around aging, such as:

  • Living arrangements: staying at home, moving in with family, assisted living, or a nursing home.
  • Caregiving: who does what, schedules, respite, and paying family caregivers.
  • Money: contributions to care costs, managing accounts, and transparency about spending.
  • Decision-making: who holds a power of attorney or health care role, and how they will keep others informed.
  • Guardianship disputes: whether a guardian is needed, who should serve, and less restrictive alternatives.
  • Facility concerns: disagreements with a care facility about services or discharge.

Many of these conversations happen with no court case. Some arise inside a guardianship case.

The older adult's voice

The person at the center has the most at stake. Florida's ethics rules for certified mediators say decisions in mediation "are to be made by the parties," and a mediator must not make substantive decisions for any party or coerce anyone.1 If a party is unable to freely exercise self-determination "for any reason," the mediator must cancel or postpone the mediation.1

In practice, a good elder care mediator will talk with participants beforehand about:

  • whether the older adult wants to take part, and how;
  • hearing, vision, mobility, fatigue, and the best time of day;
  • whether a trusted support person or lawyer should attend;
  • shorter sessions or more breaks.

Mediation is not a way to decide whether someone has legal capacity. In Florida, the determination of incompetency and guardianship are matters for the circuit court.2

When a guardianship case is involved

Florida law expresses a clear preference for the least intrusive option. The guardianship statute says the least restrictive form of guardianship should be available for people who are only partly unable to care for themselves, and that alternatives to guardianship and less restrictive means of help should be explored before a plenary guardian is appointed.3

Mediation can help family members explore those alternatives together. If a guardianship case is already filed, it proceeds in circuit court under the Florida Probate Rules, which govern guardianship proceedings.4 In contested (adversary) proceedings, such as a petition to remove a guardian, the Florida Rules of Civil Procedure govern,5 and those rules let a judge refer all or part of a contested matter to mediation.6 Whether and when judges do so varies by circuit. See our probate and estate mediation guide for more detail.

Public resources that are not mediation

Some elder care problems belong with a public agency first.

Long-Term Care Ombudsman Program

Florida's Long-Term Care Ombudsman Program advocates for residents of nursing homes, assisted living facilities, adult family care homes, and continuing care retirement communities. It works to identify, investigate, and resolve complaints made by or on behalf of residents, through a statewide, volunteer-based system with district offices.7 The ombudsman hotline is 1-888-831-0404.7

By law, the names and identities of complainants and residents involved in an ombudsman complaint are confidential, with limited exceptions such as the person's consent or a court order.8

If your disagreement is with a facility, an ombudsman may be a better first call than a private mediator, or a useful step alongside one.

Abuse, neglect, and exploitation

Florida law requires any person who knows, or has reasonable cause to suspect, that a vulnerable adult has been or is being abused, neglected, or exploited to report it immediately to the central abuse hotline.9 The Department of Elder Affairs lists the abuse hotline as 1-800-96-ABUSE.10

Mediation is not appropriate as a substitute for a report. Florida's mediation confidentiality law also does not protect information that must be reported under Florida's vulnerable-adult protection law.11

Confidentiality

Florida's Mediation Confidentiality and Privilege Act covers mediation required by a court or by law, mediation the participants expressly agree to conduct under the act, and mediation run by a Florida Supreme Court-certified mediator unless the participants agree not to be bound.12 Covered communications are generally confidential and privileged.11 Exceptions include a signed written agreement (unless the parties agree to keep it confidential), threats of violence, and mandatory abuse reports.11

For a private family mediation with no court case, putting the confidentiality agreement in writing, or choosing a certified mediator, helps make sure the act applies.

Choosing a mediator

The Florida Supreme Court certifies five types of mediators: county court, family, circuit court, dependency, and appellate.1 None is specific to elder care.

  • In a guardianship case, which is a circuit court matter,2 a certified circuit court mediator is the usual fit. When a court appoints a mediator in a civil referral, either party can ask for a certified circuit court mediator who is a Florida Bar member.13
  • In a private family mediation, you choose. Family mediators are certified for family and dissolution of marriage issues,1 and some families value that background for intergenerational conflict. Ask any mediator about specific experience with aging, care planning, and family meetings.

Ask, too, how the mediator handles the participation of the older adult, whether they work with co-mediators, and how they screen for abuse or coercion.

What a good agreement covers

Elder care agreements work best when they are specific:

  • Who does what, and when. Caregiving schedules, transportation, and medical appointments.
  • Money. Who contributes, how much, how spending is documented, and how often accounts are shared.
  • Communication. How and how often the family will update each other.
  • Review dates. Needs change. Build in a time to revisit the plan.
  • What happens if things change suddenly, such as a hospitalization.

If the agreement affects legal rights, such as property, powers of attorney, or a pending case, have a lawyer review it before signing. Florida's mediator rules require a mediator who believes a party does not understand how an agreement may affect their legal rights to tell that party they can seek independent legal advice.1

Ready to look for help? Browse Florida mediators at /fl/ or tell us about your dispute at /get-matched/.

Frequently asked questions

Is there a special Florida certification for elder mediators? No. The Florida Supreme Court certifies county court, family, circuit court, dependency, and appellate mediators. There is no separate elder mediation certification, so ask any mediator directly about their experience with older adults and family care decisions.

Should my parent attend the mediation? Usually, if they are able. Decisions in mediation belong to the parties, and Florida's mediator rules require a mediator to cancel or postpone if a party cannot freely exercise self-determination. Talk with the mediator in advance about accommodations and support people.

Who handles complaints about a nursing home or assisted living facility? Florida's Long-Term Care Ombudsman Program, run through the Department of Elder Affairs, investigates and works to resolve complaints made by or on behalf of residents. Its hotline is 1-888-831-0404.

What if I suspect abuse or financial exploitation? Report it to the central abuse hotline at 1-800-96-ABUSE. Florida law requires anyone who knows or has reasonable cause to suspect abuse, neglect, or exploitation of a vulnerable adult to report it immediately. Mediation is not a substitute.

Sources

  1. Florida Rules for Certified and Court-Appointed Mediators (eff. Jan. 1, 2025), Rules 10.100, 10.310, 10.370. https://flcourts-media.flcourts.gov/content/download/1998036/file/Rules%20for%20Certified%20&%20Court-Appointed%20Mediators.pdf ↩ ↩2 ↩3 ↩4 ↩5

  2. Fla. Stat. § 26.012(2)(b) (2026). https://www.flsenate.gov/Laws/Statutes/2026/26.012 ↩ ↩2

  3. Fla. Stat. § 744.1012 (2026). https://www.flsenate.gov/Laws/Statutes/2026/744.1012 ↩

  4. Fla. Prob. R. 5.010 (eff. Oct. 1, 2026). https://www-media.floridabar.org/uploads/2026/10/Probate-Rules-10-01-26.pdf ↩

  5. Fla. Prob. R. 5.025(a)(2), (d)(2) (eff. Oct. 1, 2026). https://www-media.floridabar.org/uploads/2026/10/Probate-Rules-10-01-26.pdf ↩

  6. Fla. R. Civ. P. 1.700(a) (eff. Oct. 1, 2026). https://www-media.floridabar.org/uploads/2026/10/Civil-Procedure-Rules-10-01-26.pdf ↩

  7. Florida Department of Elder Affairs, "Long-Term Care Ombudsman Program." https://elderaffairs.org/programs-and-services/long-term-care-ombudsman-program/ ↩ ↩2

  8. Fla. Stat. § 400.0077 (2026). https://www.flsenate.gov/Laws/Statutes/2026/400.0077 ↩

  9. Fla. Stat. § 415.1034(1)(a) (2026). https://www.flsenate.gov/Laws/Statutes/2026/415.1034 ↩

  10. Florida Department of Elder Affairs, home page (abuse hotline listing). https://elderaffairs.org/ ↩

  11. Fla. Stat. § 44.405 (2026). https://www.flsenate.gov/Laws/Statutes/2026/44.405 ↩ ↩2 ↩3

  12. Fla. Stat. § 44.402(1) (2026). https://www.flsenate.gov/Laws/Statutes/2026/44.402 ↩

  13. Fla. R. Civ. P. 1.720(j)(2) (eff. Oct. 1, 2026). https://www-media.floridabar.org/uploads/2026/10/Civil-Procedure-Rules-10-01-26.pdf ↩

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