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Florida divorce mediation: when it's required, the rules, and the fees

Legal facts checked against Florida Statutes and Florida Family Law Rules of Procedure · Edited by Jeff Zorn

Last reviewed Oct 7, 2026Updated Oct 8, 2026 13 min readEditorial policy

Illustration: two people and a mediator talking at a table about their home and family
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Mediation is often required in a Florida divorce, but not in every case. In circuits that run a family mediation program, the court must send disputed parenting issues to mediation, and judges may send any other contested family issue there too. Several circuits go further and require mediation before a hearing or trial. When a court program provides the mediator, Florida law sets the fee at $60 or $120 per person per session, based on the couple's combined income.

This is general information, not legal advice. It covers Florida only, and local procedures differ among Florida's judicial circuits.

When a Florida court sends a case to mediation

Parenting issues: required where a program exists

Florida's mediation statute says that in circuits with a family mediation program, once the court finds a dispute, it shall refer all or part of the custody, visitation, or other parental responsibility issues to mediation.1 "Shall" means the court must do it. Florida's divorce chapter separately lets a court refer contested issues of parental responsibility, primary residence, visitation, or child support to mediation.2

Other issues: up to the judge

For everything else, such as property, debts, or alimony, Florida's Family Law Rules say all contested family matters and issues may be referred to mediation (Rule 12.740(b)).3 "May" means the judge decides.

Cases that usually skip mediation

Under Rule 12.740(c)(2), three kinds of family cases may not be sent to mediation unless the court finds good cause or both sides consent:3

  • Title IV-D cases (child support cases handled through the state's child support program)
  • Post-judgment contempt and enforcement
  • Extensions or changes of injunctions between the parties

Domestic violence

You must tell the court if there is a domestic violence injunction, or a conviction for a domestic violence crime, between you and the other party. In those cases, and when there is a history of violence that would compromise mediation, the court may waive mediation entirely or order steps to protect the process and your safety (Rule 12.740(c)(1)).3 The statute adds that, on a party's request, the court shall not refer a case to mediation if it finds a history of domestic violence that would compromise the mediation process.1

How family mediation works under Florida's rules

Who decides. Florida law defines mediation as a process where a neutral mediator helps the parties reach a voluntary agreement, and it says "decisionmaking authority rests with the parties."4 You must attend if ordered. You never have to agree.

Choosing the mediator. After the court's referral order, the parties have 10 days to agree on a mediator. If they can't, the court appoints a certified mediator, chosen by rotation or another method set by the circuit (Rule 12.741(b)(6)).3 Each circuit's chief judge keeps a list of Supreme Court-certified mediators registered there.1

In person or online. Unless the referral order says otherwise, family mediation is held in person. The parties can agree, or the court can order, that it be done by audio or video (Rule 12.740(b)).3

Lawyers. In family mediation, each side's lawyer may attend and talk privately with the client, but a lawyer is not required. With the mediator's discretion and both parties' agreement, mediation can go ahead without lawyers unless the court orders otherwise.4 The mediator may also meet privately with either side (Rule 12.741(b)(5)).3

The 75-day deadline. Mediation must be finished within 75 days of the first mediation conference unless the court orders otherwise (Rule 12.740(e)).3 The case does not pause: unless the parties agree or the court orders it, mediation does not stop discovery (Rule 12.741(a)).3

Missing a session. If you skip a properly scheduled mediation without good cause, the court, on motion, must impose sanctions, which can include the mediator's fees, attorneys' fees, and costs (Rule 12.741(b)(2)).3

Confidentiality. Mediation communications are generally confidential, and a party can refuse to testify about them later. Exceptions include communications used to plan a crime or threaten violence, and communications that require a mandatory report under chapter 39 or chapter 415 of Florida law (disclosed only to make that report). A signed written agreement is not confidential unless the parties agree otherwise.5

The result. If you agree on any issue, the agreement must be written down, signed by the parties, and submitted to the court unless you agree otherwise. It becomes binding when filed if no court approval is needed, or when the court approves it if approval is needed. Either way, it becomes part of the final judgment. If you reach no agreement, the mediator reports that to the court "without comment or recommendation" (Rule 12.740(f)).3

Parenting plans and time-sharing

If you have minor children, the parenting part of your mediation is really about building a parenting plan. Florida law defines it as a document that governs how parents make decisions about the child, and it must contain a time-sharing schedule, meaning a timetable of the time, including overnights and holidays, the child spends with each parent.6

A court-approved parenting plan must, at a minimum:7

  1. Describe how the parents will share the daily tasks of raising the child.
  2. Include the time-sharing schedule.
  3. Say who is responsible for health care, school matters (including the address used for school boundaries), and other activities.
  4. Describe how the parents will communicate with the child.
  5. Name places to exchange the child, unless both parents agree otherwise in writing.

Some Florida rules shape what a judge would do if you don't agree:

  • Equal time-sharing presumption. Unless the law provides otherwise or the parents agree, Florida presumes that equal time-sharing is in the child's best interests. A parent can rebut that presumption by a preponderance of the evidence.7
  • Shared parental responsibility. The court must order shared parental responsibility (shared decision-making) unless it finds that would be detrimental to the child. Evidence of domestic violence is part of that decision.7
  • Best-interest factors. Florida lists 20 factors (a) through (t). Examples include each parent's willingness to support the child's relationship with the other parent, ability to communicate, evidence of domestic violence or abuse, and whether each parent keeps the child out of the litigation.7

When parents agree on a time-sharing schedule and the court approves it, the court does not have to make the written factor-by-factor findings it must make when it creates the schedule itself.7

Parenting course. In a divorce with minor children, both parties must complete the Parent Education and Family Stabilization Course before the final judgment. The petitioner must finish it within 45 days after filing, and the other party within 45 days after being served, unless the court excuses it.8

Residency. To get a divorce in Florida, one spouse must have lived in the state for 6 months before the petition is filed.9

Circuit programs and local orders

Florida's family mediation is run circuit by circuit, and each circuit sets local procedures by administrative order. These orders differ. Here is what we confirmed by reading each circuit's own order:

Circuits whose orders require family mediation (with exceptions or waivers):

  • Third Circuit (including Columbia County): parties in family cases "must participate in mediation" unless exempt by statute, rule, or court order.10
  • Ninth Circuit (Orange and Osceola): a party who wants a temporary or final hearing must first take part in mediation through the circuit's Dispute Resolution Services.11
  • Tenth Circuit (including Polk): mediation is mandatory before a notice for trial, unless the court waives it for good cause.12
  • Sixteenth Circuit (Monroe): filed cases with disputed family issues "will be referred to mediation."13
  • Seventeenth Circuit (Broward): the uniform trial order requires a signed impasse form at least 7 days before trial.14
  • Eighteenth Circuit (Seminole and Brevard): in Seminole, mediation must be completed before any temporary or final hearing.15 In Brevard, a party seeking a final hearing "shall first participate in a mediation conference" unless otherwise ordered.16
  • Twentieth Circuit (including Lee and Collier): contested family cases are automatically referred to a dispute resolution process unless the judge waives it.17

Circuits where referral depends on the judge:

  • Sixth Circuit (Pinellas and Pasco): parties must mediate when the judge orders it or when the order automatically refers certain matters.18
  • Seventh Circuit (including Volusia): judges may refer family cases with combined income up to $100,000 to the circuit's program.19
  • Thirteenth Circuit (Hillsborough): family issues "may be referred to mediation by the presiding judge."20
  • Fifteenth Circuit (Palm Beach): staff set mediation at the presiding judge's instruction.21

We have not confirmed the orders for the other circuits, so check with your local court. Find your county's court program on our Florida county pages.

What it costs

Court-program fees

When a circuit court's mediation program provides court-ordered mediation, Florida law sets these fees per person, per scheduled session, unless the state budget sets different ones:22

  • $60 in family mediation when the parties' combined income is less than $50,000
  • $120 in family mediation when combined income is greater than $50,000 but less than $100,000

No fee is charged under this law to a party found to be indigent.22 The statute sets no family fee for combined incomes of $100,000 or more.22

Private mediators

Private mediators set their own fees. Unless the parties agree otherwise, a court may send a family case to a mediator who charges a fee only after finding that the parties can afford it. If the fee isn't set by statute or a written agreement, the judge sets an hourly rate, may split the fee between the parties, and either party may object to the rate within 15 days of the referral order (Rule 12.740(c)(3)).3 See divorce mediation cost and our Florida divorce mediation cost page.

Filing fee

Mediation fees are separate from the cost of opening the case. Under Florida law, the clerk's filing fee for a circuit court case under chapter 61 (which covers divorce) is up to $295, plus an additional $4 fee.23 Other charges can apply, so ask your county clerk for the current total.

Florida mediation rules for any case

The rules below come from Florida's statutes and Florida Supreme Court rules. They apply beyond divorce, and our national guides link here for Florida specifics.

Who can mediate in Florida

The Florida Supreme Court certifies mediators in five areas: county court, family, circuit court, dependency, and appellate.24 A certified family mediator must have at least a bachelor's degree, complete a Florida Supreme Court certified family mediation training program, and meet mentorship and education requirements under a points system.25 None of the five certifications requires a law degree.25

You can check a mediator's certification with the Florida Dispute Resolution Center's Mediator Search, by name, mediator type, circuit, or county.26 The Florida courts say that if a name does not appear in the search, "that person is not certified."27

In a court-referred family case, the parties may agree within 10 days on a certified mediator, or on one who isn't certified but who, in the parties' opinion and on review by the judge, is qualified by training or experience. Otherwise the court appoints a certified mediator.3 In circuit civil cases where the parties can't agree, either party can ask the court to appoint a certified circuit court mediator who is a member of The Florida Bar.28

Florida's mediator rules also limit marketing: a mediator who says "Florida Supreme Court certified" must name at least one area of certification, and it is misleading to imply that prior service as a judge makes someone a better mediator.25 Complaints about a mediator go to the Dispute Resolution Center and must be written, sworn, and notarized.25

National guides: what does a mediator do?, how to find and choose a mediator, and do I need a mediator certified in my state?

What the mediator must tell you

At the start of each session, a Florida mediator must describe the process and the mediator's role, and tell everyone that mediation is consensual, that the mediator is "an impartial facilitator without authority to impose a resolution or adjudicate any aspect of the dispute," and that communications are confidential except where disclosure is required or permitted by law.29 A mediator may share information they are qualified to give, but must not predict how the court in your case will rule, and must not provide legal, accounting, or counseling services during the mediation.25

Confidentiality in Florida

Florida's Mediation Confidentiality and Privilege Act (Fla. Stat. §§ 44.401–44.406) applies to court-ordered mediation, to mediation the parties expressly agree will follow the Act, and to mediation run by a Florida Supreme Court certified mediator unless the parties agree otherwise.30 Mediation communications are confidential, and a party can refuse to testify about them later. Exceptions include threats of violence or plans to commit a crime, required reports of child or elder abuse, mediator misconduct, and information offered to void or reform a settlement agreement on legally recognized grounds.5 A person who knowingly and willfully breaks confidentiality can be ordered to pay damages and fees.31 The Act covers participants who attend "in person or by telephone, video conference, or other electronic means."32

Online mediation in Florida court cases

The order referring a case to mediation, or the parties' written stipulation, may provide for mediation in person, remotely by audio or audio-video communication technology, or a combination. If the order says nothing, mediation is in person unless the parties stipulate or the court orders otherwise. Family and civil rules work the same way on this point.333 Mediated agreements may be signed electronically.334 National guide: how online mediation works.

Civil cases: referral, attendance and deadlines

  • Referral. On one party's request, a court must refer a filed civil action for money damages to mediation if the requesting party can pay the costs, with listed exceptions such as small claims, debt collection, medical malpractice, and landlord-tenant cases without a personal injury claim. The court may refer any other civil case.1
  • Timing. Unless the court orders otherwise, the first civil mediation conference must be held within 60 days of the referral order, and mediation must be finished within 45 days of the first conference.3335
  • Who must attend. In civil cases, a party appears only if the party (or a representative with full settlement authority), the party's lawyer of record, and, for an insured party, an insurer's representative with settlement authority are present.28
  • No-shows. If a party fails to appear at a duly noticed mediation conference without good cause, the court, on motion, must impose sanctions, including mediation fees, attorney's fees, and costs.328
  • No duty to settle. Attending does not require anyone to enter into a settlement agreement. If there is no agreement, the mediator reports that to the court "without comment or recommendation."2834

National guide: what is a mediation hearing (court-ordered mediation)?

When a Florida agreement becomes binding

In family cases, a mediated agreement becomes binding when filed if court approval isn't needed, or when the court approves it if approval is needed, and it becomes part of the final judgment.3 In civil cases, a partial or final agreement must be written and signed; if a party breaks it, the court may impose sanctions, including entry of judgment on the agreement.34 A signed written agreement is not confidential unless the parties agree otherwise.5 National guide: is mediation legally binding?

Arbitration in Florida

A Florida court may refer a contested civil case to court-ordered, nonbinding arbitration. Any party may reject the decision and request a trial within 20 days after it is served, but a party who then does much worse at trial may have to pay some of the other side's costs and fees.3637 Parties may also agree in writing to voluntary binding arbitration, with appeals limited to narrow grounds.38 Arbitration agreements in contracts are governed by the Revised Florida Arbitration Code, which, like the voluntary binding arbitration statute, excludes disputes involving child custody, visitation, or child support.3839 National guide: mediation vs. arbitration.

Where to go next

Browse certified family mediators on our Florida county pages, or get matched.

This guide is general information, not legal advice.

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Frequently asked questions

Is mediation mandatory for divorce in Florida?

Often, but not always. In circuits with a family mediation program, the court must send disputed parenting issues to mediation once it finds a dispute. Other contested family issues may be referred, and several circuits require mediation before hearings or trial by administrative order.

How much does court-program divorce mediation cost in Florida?

When a circuit court's mediation program provides it, Florida law sets the fee at $60 per person per scheduled session if combined income is under $50,000, and $120 if it is over $50,000 but under $100,000. No fee is charged to a party found to be indigent.

How long does Florida family mediation take?

Florida's family rules say mediation must be finished within 75 days of the first mediation conference, unless the court orders otherwise.

Can I avoid mediation because of domestic violence?

Tell the court. On a party's request, a Florida court shall not refer a case to mediation if it finds a history of domestic violence that would compromise the process. The court may also waive mediation or order safety measures.

Is a Florida mediated agreement binding?

An agreement must be written, signed by the parties, and submitted to the court unless the parties agree otherwise. It becomes binding on filing if court approval is not needed, or on approval if it is.

Sources

  1. Fla. Stat. § 44.102(2)(c), (4) (2026), Court-ordered mediation — https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0044/Sections/0044.102.html ↩ ↩2 ↩3 ↩4

  2. Fla. Stat. § 61.183(1) (2026), Mediation of certain contested issues — https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.183.html ↩

  3. Florida Family Law Rules of Procedure, Rules 12.740 and 12.741 (Oct. 1, 2026 edition, The Florida Bar) — https://www-media.floridabar.org/uploads/2026/09/2027_04-OCT-Family-Law-Rules-of-Procedure-10-1-2026.pdf ↩ ↩2 ↩3 ↩4 ↩5 ↩6 ↩7 ↩8 ↩9 ↩10 ↩11 ↩12 ↩13 ↩14 ↩15 ↩16

  4. Fla. Stat. § 44.1011(2), (2)(e) (2026), Definitions — https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0044/Sections/0044.1011.html ↩ ↩2

  5. Fla. Stat. § 44.405(1), (2), (4)(a) (2026), Confidentiality; privilege; exceptions — https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0044/Sections/0044.405.html ↩ ↩2 ↩3

  6. Fla. Stat. § 61.046 (2026), Definitions ("parenting plan," "time-sharing schedule") — https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.046.html ↩

  7. Fla. Stat. § 61.13(2)(b), (2)(c)1.–2., (3) (2026) — https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.13.html ↩ ↩2 ↩3 ↩4 ↩5

  8. Fla. Stat. § 61.21(4)(a), (5) (2026), Parenting course — https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.21.html ↩

  9. Fla. Stat. § 61.021 (2026), Residence requirements — https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.021.html ↩

  10. Third Judicial Circuit of Florida, Administrative Order 2022-004 — https://thirdcircuitfl.org/wp-content/uploads/AO-2022-004-THIRD-JUDICIAL-CIRCUIT-MEDIATION-PROGRAM.pdf ↩

  11. Ninth Judicial Circuit of Florida, Administrative Order 2004-14-03 (May 23, 2025) — https://ninthcircuit.org/sites/default/files/AO2004-14-03.pdf ↩

  12. Tenth Judicial Circuit of Florida, Administrative Order 5-33.3 — https://www.jud10.flcourts.org/sites/default/files/adminOrders/5-33-3.pdf ↩

  13. Sixteenth Judicial Circuit of Florida, Administrative Order 5.037/24-1 — https://keyscourts.net/wp-content/uploads/administrative-orders/Section%2005%20Family%20Law/5.037%2024-1%20-%20Family%20and%20Dependency%20Mediation.pdf ↩

  14. Seventeenth Judicial Circuit of Florida, Administrative Order 2020-91-UFC (First Amended), Attachment A — https://www.17th.flcourts.org/wp-content/uploads/2020/12/2020-91-UFC_amended.pdf ↩

  15. Eighteenth Judicial Circuit of Florida, Administrative Order 19-32-S (Seminole) — https://flcourts18.org/wp-content/uploads/2024/06/19-32-s.pdf ↩

  16. Eighteenth Judicial Circuit of Florida, Administrative Order 16-30-B (Brevard) — https://flcourts18.org/wp-content/uploads/2024/06/16-30-b.pdf ↩

  17. Twentieth Judicial Circuit of Florida, Administrative Order 1.16 (Amended) — https://www.ca.cjis20.org/pdf/ao/ao_1_16.pdf ↩

  18. Sixth Judicial Circuit of Florida, Administrative Order 2011-006 PA/PI-CIR — https://www.jud6.org/LegalCommunity/LegalPractice/AOSAndRules/aos/aos2011/2011-006.htm ↩

  19. Seventh Judicial Circuit of Florida, Administrative Order FM-2012-027-SC — https://circuit7.org/orders/fm-2012-027-sc/ ↩

  20. Thirteenth Judicial Circuit of Florida, Administrative Order S-2024-057 — https://www.fljud13.org/Portals/0/AO/DOCS/S-2024-057.pdf ↩

  21. Fifteenth Judicial Circuit of Florida, Administrative Order 5.208-08/24 — https://www.15thcircuit.com/sites/default/files/administrative-orders/5.208.pdf ↩

  22. Fla. Stat. § 44.108(2) (2026), Funding of mediation and arbitration — https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0044/Sections/0044.108.html ↩ ↩2 ↩3

  23. Fla. Stat. § 28.241(1)(a)1.b.–c. (2026), Filing fees — https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0028/Sections/0028.241.html ↩

  24. Florida Courts, Alternative Dispute Resolution: Mediation — https://www.flcourts.gov/Services/alternative-dispute-resolution/mediation ↩

  25. Florida Rules for Certified and Court-Appointed Mediators, Rules 10.100, 10.340, 10.370, 10.610, 10.810 (eff. Jan. 1, 2025) — https://flcourts-media.flcourts.gov/content/download/1998036/file/FL%20Rules%20Cert%20%26%20Ct%20App%20Med_01.2025%20ADA%206.26.2026.pdf ↩ ↩2 ↩3 ↩4 ↩5

  26. Florida Dispute Resolution Center, Mediator Search — https://drc.flcourts.org/ ↩

  27. Florida Courts, ADR Discipline and Complaints — https://www.flcourts.gov/Services/alternative-dispute-resolution/discipline-complaints ↩

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

  29. Florida Rules for Certified and Court-Appointed Mediators, Rule 10.420(a) (eff. Jan. 1, 2025) — https://flcourts-media.flcourts.gov/content/download/1998036/file/FL%20Rules%20Cert%20%26%20Ct%20App%20Med_01.2025%20ADA%206.26.2026.pdf ↩

  30. Fla. Stat. § 44.402 (2026), Scope — https://www.flsenate.gov/Laws/Statutes/2026/44.402 ↩

  31. Fla. Stat. § 44.406 (2026), Remedies for breach of confidentiality — https://www.flsenate.gov/Laws/Statutes/2026/44.406 ↩

  32. Fla. Stat. § 44.403(2) (2026), definition of "mediation participant" — https://www.flsenate.gov/Laws/Statutes/2026/44.403 ↩

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

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

  35. 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 ↩

  36. Fla. Stat. § 44.103 (2026), Court-ordered, nonbinding arbitration — https://www.flsenate.gov/Laws/Statutes/2026/44.103 ↩

  37. Fla. R. Civ. P. 1.820(h) (eff. Oct. 1, 2026) — https://www-media.floridabar.org/uploads/2026/10/Civil-Procedure-Rules-10-01-26.pdf ↩

  38. Fla. Stat. § 44.104 (2026), Voluntary binding arbitration and voluntary trial resolution — https://www.flsenate.gov/Laws/Statutes/2026/44.104 ↩ ↩2

  39. Fla. Stat. §§ 682.01, 682.25 (2026), Revised Florida Arbitration Code — https://www.flsenate.gov/Laws/Statutes/2026/682.25 ↩

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