- Call for a
Confidential Consultation - 954-587-2244
- Email Us
-
Divorce mediation is a structured negotiation where a neutral, Florida Supreme Court-certified mediator helps both spouses reach binding agreements on custody, property division, alimony, and support. Neither spouse surrenders decision-making authority to a judge.
Broward County’s 17th Judicial Circuit requires mediation in most contested family law cases before scheduling a trial, pursuant to Florida Statute § 44.102.
Scott A. Levine, Florida Supreme Court Certified Family Mediator and Fort Lauderdale divorce attorney, guides Broward County couples through mediation sessions that resolve disputes in hours rather than months of litigation.
A divorce mediator is a neutral third party certified by the Florida Supreme Court to facilitate settlement negotiations between spouses. The mediator does not make decisions, issue rulings, or provide legal advice to either party.
Instead, the mediator identifies shared interests, reframes contentious positions, and helps both spouses build an agreement they can live with after the divorce process concludes.
Florida Statute §44.1011 defines mediation as a process in which a neutral person “assists disputants in reaching a mutually acceptable agreement.”
That distinction — assists rather than decides — separates mediation from litigation, arbitration, and judicial settlement conferences. The mediator controls the process; the spouses control the outcome.
Most certified mediators hold either a legal background or a mental health background. An attorney-mediator brings a specific structural advantage: the attorney-mediator understands the legal standards a Broward County judge would apply if the case reached trial.
The mediator can frame proposals around Florida’s equitable distribution statute, child custody factors, and alimony guidelines — without advocating for either side. Spouses working with an attorney-mediator negotiate with a clearer picture of what a courtroom outcome would likely produce.
Florida law does not require spouses to file a divorce petition before beginning mediation. Pre-suit mediation allows couples to negotiate custody, property division, and support before any court involvement.
Couples who reach a full agreement in pre-suit mediation can then file an uncontested dissolution, which eliminates most contested hearings and reduces total legal costs by an estimated 80–90%. The same confidentiality protections under F.S. §44.405 apply whether mediation occurs before or after filing.
Unresolved divorce disputes drain savings and co-parenting stability every week they stay in litigation. Scott A. Levine, P.A., offers flexible mediation scheduling for Broward County families — (954) 587-2244.
If you’re ready to get started, call us now!
Broward County operates under the 17th Judicial Circuit, which maintains an active family mediation program. Under F.S. §44.102(2)(c), circuits with an established family mediation program shall refer all contested custody, visitation, and parental responsibility issues to mediation.
The 17th Circuit treats this mandate broadly — Broward family court judges routinely order mediation for property division, alimony, and child support disputes as well.
Florida Family Law Rules of Procedure 12.740 reinforces this requirement. The rule directs courts to refer contested family law matters to mediation and prohibits scheduling a trial until mediation has been attempted or the court has granted an exemption.
In practical terms, a Broward County spouse cannot secure a trial date on contested divorce issues without first completing mediation or obtaining a court waiver.
F.S. §44.102(2)(c) includes a critical protection: upon motion or request by a party, the court shall not refer a case to mediation if it finds a history of domestic violence that would compromise the mediation process.
Mediation assumes roughly equal bargaining power between the parties. A spouse who has experienced abuse may agree to unfavorable terms out of fear rather than genuine consent.
Broward County judges evaluate these requests on a case-by-case basis, and spouses with safety concerns should raise the issue with their family law attorney before the mediation order takes effect.
The Broward County ADR office coordinates court-ordered mediation referrals. Court-ordered sessions are typically scheduled within two to six weeks of the referral, depending on the case type and the mediator’s availability.
The 17th Circuit’s ADR Director can be reached at (954) 831-6075 for scheduling questions.
Private mediation sessions, scheduled directly with a chosen mediator, often book faster than court-connected sessions because they bypass the court calendar.
Divorce mediation in Broward County costs $1,500–$8,000 total for both spouses in 2026, compared to $30,000–$100,000 or more for contested litigation.
The total depends on whether spouses use a court-connected mediator or a private mediator, the complexity of the contested terms, and the number of hours required.
| Mediation Type | Hourly Rate (2026) | Typical 4-Hour Session | Eligibility |
| Court-connected (income <$50K combined) | $60 per person per session | $120 total per session | Household income under $50,000 |
| Court-connected (income $50K–$100K) | $120 per person per session | $240 total per session | Household income $50,000–$100,000 |
| Private mediator (standard) | $200–$350/hr | $800–$1,400 total | Any income level |
| Private attorney-mediator (experienced) | $300–$500/hr | $1,200–$2,000 total | Any income level |
Court-connected mediation fees follow the schedule established under F.S. §44.108. Spouses with combined net income under $100,000 qualify for the Broward County court’s reduced-rate mediation program. Spouses above that threshold generally use private mediators and split the fee equally.
The financial gap between mediation and contested litigation is substantial. The table below compares both paths across six factors relevant to Broward County divorces.
| Factor | Mediation | Contested Litigation |
| Total cost (both spouses, 2026) | $1,500–$8,000 | $30,000–$100,000+ |
| Timeline to resolution | 2–8 weeks | 6–24 months |
| Decision-maker | Both spouses | Broward County judge |
| Privacy | Confidential under F.S. §44.405 | Public court record |
| Compliance rate | Higher parties built the agreement | Lower — court-imposed terms |
| Co-parenting relationship | Preserved or improved | Often damaged |
Mediation resolves approximately 60–70% of contested Florida divorce cases without trial, based on statewide court program data.
Even when mediation does not produce a full agreement, the process typically narrows the contested terms, reducing the hours and costs required for any remaining litigation.
Months of high-conflict litigation erode both the family’s finances and the children’s stability. Scott A. Levine, P.A. mediates Broward County divorce cases with flexible scheduling and attorney-level preparation — (954) 587-2244.
A typical Broward County divorce mediation session lasts three to six hours and follows a three-phase structure: joint opening, private caucus negotiations, and resolution.
Complex cases involving high-net-worth assets or contested custody may require a full day or multiple sessions.
The mediator opens the session by explaining confidentiality protections, ground rules, and the voluntary nature of any agreement. Each spouse (or each spouse’s attorney) then presents an opening statement describing that spouse’s priorities and concerns. The mediator identifies the contested terms and proposes an agenda.
After the joint opening, the mediator typically separates the spouses into private rooms for caucus sessions. The mediator moves between rooms, carrying proposals and counterproposals.
Caucus discussions remain confidential — the mediator shares only what each spouse authorizes. This shuttle approach allows each spouse to speak freely, test settlement ideas, and receive candid feedback from the mediator without the pressure of face-to-face confrontation.
Some mediators use a joint-session format throughout, keeping both spouses in the same room. The format depends on the mediator’s style, the complexity of the dispute, and the spouses’ ability to communicate productively.
Mediation ends in one of three outcomes. First, the spouses reach a full agreement on all contested terms, and the mediator drafts a Marital Settlement Agreement for both parties to sign. Second, the spouses reach a partial agreement, resolving some disputed terms while identifying the remaining disputes for the court to resolve.
Third, the mediator declares an impasse, meaning no agreement was reached. Even an impasse is not wasted — spouses often settle in the days following mediation using the framework established during the session.
If you’re ready to get started, call us now!
Florida divorce mediation can address every contested term in a dissolution proceeding. F.S. §61.183 specifically authorizes mediation for parental responsibility, time-sharing, and child support disputes, and Broward County courts routinely extend mediation to all financial matters.
Mediation addresses the equitable distribution of marital assets and liabilities, including real property, retirement accounts, bank accounts, business interests, and complex asset structures. Alimony type, amount, and duration are negotiable.
Spouses can also address debt allocation, the tax consequences of property transfers, and concerns about hidden assets during mediation.
Mediation produces parenting plans that address daily time-sharing schedules, holiday and vacation allocations, decision-making authority for education and healthcare, transportation arrangements, and communication protocols.
Mediators often help spouses develop co-parenting strategies that serve the children’s best interests while respecting each parent’s time and responsibilities.
Florida courts cannot approve any parenting arrangement that falls below the child’s best-interest standard under F.S. §61.13, so any mediated parenting plan still requires judicial review.
Preparation determines whether mediation produces a durable agreement or an impasse. Spouses who arrive with organized financial data, three years of tax returns, and ranked priorities negotiate faster and reach settlements closer to their stated priorities than spouses who enter the session without a clear framework.
Both spouses should compile financial affidavits (Florida Family Law Form 12.902), three years of tax returns, bank and investment account statements, retirement account statements, mortgage and debt records, property appraisals, and income verification documents.
The mediator needs accurate financial data to help structure realistic proposals. Incomplete disclosure slows the process and can produce agreements that unravel after filing.
Each spouse should identify three categories before the session: must-have terms (non-negotiables), preferred terms (important but flexible), and concession terms (items the spouse can trade for higher-priority outcomes).
This framework prevents reactive decision-making at the table. Spouses who work with their family law attorney before mediation enter the session with a clear BATNA (best alternative to negotiated agreement) — meaning they understand exactly what a Broward County judge would likely order if mediation fails and the case goes to trial.
Mediation ends in one of two paths: a signed Marital Settlement Agreement that becomes a binding contract, or an impasse report filed with the Broward County court. The path determines the timeline, cost, and procedural steps required to finalize the divorce.
When mediation results in a full agreement, the mediator drafts a Marital Settlement Agreement (MSA) for both spouses to sign before leaving the session. The MSA becomes a binding contract at signing. The spouses’ attorneys then file the MSA with the Broward County Clerk of Court, and the presiding judge reviews the agreement for compliance with Florida law.
If the judge approves — and approval occurs in over 90% of filed MSAs — the judge incorporates the MSA terms into the Final Judgment of Dissolution of Marriage. At that point, the agreement carries the same enforceability as any court order.
An impasse does not end the case — it simply means mediation did not produce a full agreement. The mediator files an impasse report with the court, and the case moves toward trial on the unresolved terms.
Broward County cases frequently settle between the impasse date and the trial date, often because the mediation process clarified each spouse’s position and realistic settlement range.
Spouses also retain the right to return to mediation voluntarily at any point before trial. The divorce filing process continues on the court’s timeline regardless of the mediation outcome.
How long does a divorce mediation session take in Broward County?
Most Broward County divorce mediation sessions last three to six hours for standard custody and property disputes. Complex cases involving business valuations, contested custody, or high-value asset division may require a full-day session or two separate sessions to cover all disputed terms.
Can I bring my attorney to mediation?
Florida law permits both spouses to have attorneys present during mediation. An attorney provides real-time legal guidance, evaluates proposals against Broward County court trends, and helps the client avoid accepting terms that fall below what a judge would likely order at trial.
What if my spouse refuses to cooperate during mediation?
The mediator can declare an impasse if one spouse refuses to negotiate in good faith. Broward County courts expect genuine participation, and a spouse who obstructs mediation may face sanctions or leave a negative impression on the judge when the case proceeds to trial.
Is everything said in mediation confidential?
Florida Statute §44.405 makes all mediation communications confidential and privileged under Florida law. Neither spouse may testify about mediation discussions in any later court proceeding, and the mediator cannot be called as a witness regarding any statement made during the session.
Does the mediator decide who gets custody?
The mediator does not decide custody or any other disputed term. The mediator facilitates negotiation, but both spouses retain full decision-making authority. Only a Broward County judge can impose custody terms, and that occurs only when mediation fails to produce a parenting agreement.
Can we mediate before filing for divorce?
Pre-suit mediation allows spouses to negotiate and resolve custody, property, and support terms before filing a divorce petition. Couples who reach a full agreement through pre-suit mediation can file an uncontested dissolution, which eliminates contested hearings and reduces legal costs by 80–90%.
What happens if we agree on some issues but not others?
The mediator drafts a partial agreement covering the resolved terms and identifies the remaining disputes for the court. Partial agreements narrow the scope of any subsequent litigation, reducing attorney hours and legal costs because the judge addresses only the unresolved items at trial.
How is mediation different from arbitration?
Mediation produces a voluntary agreement — neither spouse signs unless satisfied with the terms. Arbitration assigns a neutral decision-maker who issues a binding ruling after hearing both sides. Florida divorce courts use mediation far more frequently than arbitration for family law disputes.
What if one spouse has significantly more money than the other?
Broward County judges can order one spouse to pay the other spouse’s share of mediation costs under F.S. §61.16 when a significant income disparity exists. The fee-shifting provision ensures that both spouses can participate meaningfully in mediation, regardless of their individual financial resources, during the divorce.
How soon after mediation is the divorce final?
A Broward County divorce with a signed Marital Settlement Agreement typically reaches final judgment within two to six weeks after the agreement is filed with the court. Contested cases that proceed to trial after impasse often take six to twelve additional months.
Contested litigation costs Broward County families $30,000–$100,000 or more in 2026, while mediation resolves the same disputes for under $8,000. Scott A. Levine, P.A. offers Broward families a faster path — (954) 587-2244.
About Scott A. Levine
Proudly Serving All Areas Of:
