Divorce mediation is a process where one or more mediators help the divorcing couple negotiate their resolution, but how much does divorce mediation cost? The cost of divorce mediation depends on the case’s complexity and how amenable both parties are to helping to find a resolution, making the cost of divorce mediation different for everyone.
When Can You Use Divorce Mediation in Florida?
You and your spouse can use mediation at any point in the divorce process—even after the divorce is finalized (also known as a “dissolution of marriage” in Florida).
Mediation Before Filing for Divorce
Florida law dictates that the spouses who are seeking an uncontested divorce should come to an agreement on key issues, such as:
- the division of your marital property and debts
- alimony
- and if you and your spouse have minor or dependent children, child custody and child support
Mediation During the Divorce
Florida will allow some spouses to attend mediation, even before they are ordered. However, suppose there is no court order. In that case, spouses can be more likely to attend mediation once information about their circumstances becomes available during discovery (which provides legal tools for getting the documents and information your spouse might be withholding).
Mediation After Divorce
Disputes with your ex can continue after the final divorce decree. This is common when splitting parenting responsibilities. For example, one parent may want to remarry and move away with the children, or either parent could wish to change time-sharing or child support agreements.
When Do You Have to Go to Family Mediation in Florida?
In the state of Florida, judges can order couples to mediate any disputes about household issues. The fees for a court-appointed mediator and other court fees are set following the financial means of the couple. (Fla. Stat. §§ 44.102, 61.183; Fla. Fam. Law Rules of Proc., rule 12.740 (2021). A couple may also voluntarily request a mediator.
If you don’t show up to your mandated court-ordered mediation conference, the judge will take it as a sign that you’re not taking the process seriously. You can incur sanctions like paying your spouse’s fees for the attorney and mediator. (Fla. Fam. Law., rule 12.741 (2021).
How Much Does Divorce Mediation Cost in Florida?
Many factors influence the cost of divorce mediation, but the most significant difference is private or court-based. If you were ordered to go through your local court’s family mediation program, you could obtain low-cost services as long as your income is below the state’s threshold. Florida outlines a set fee schedule for court-connected arbitration:
- $60 per person for each session when a couple’s annual income is less than $50,000, or
- $120 per person for each session when the combined income is more than $50,000 but less than $100,000.
If you and your spouse earn at least $100,000 per year, it’s assumed that you can afford to pay for private mediation, even if the court orders you to mediate your case. However, you can object to the mediator’s compensation rate (per hour or session). Should the judge find it unjustified, they have discretion over its appropriateness (Fla. Stats. § 44.108, Fla. Family Law Rules of Proc., rule 12.740 (2021)).
The cost of private mediation is dependent on several different factors, including:
- Varying rates due to a mediator’s background and experience,
- the complexity of unresolved issues in your case, and
- how much you and your spouse prepare for mediation and are open to compromise
For a typical divorce, the costs range from $3,000-$8,000. If this sounds like a lot, you might be surprised at how much less expensive mediation can be than going to trial to have a judge decide the unresolved issues in your divorce.
Ready to Speak with an Experienced Mediator About Your Family Law Options?
If you are considering mediation as an option for your family law situation, be sure to speak with an experienced mediator who can help you determine if this approach is right for you and your particular case. Contact Farber Law, P.A. at 305-520-9205 to discuss your options.
About the Author: Helena Y. Farber is an attorney in Aventura, Florida, whose practice is concentrated in the areas of divorce and family law. She can be reached at (305) 520-9205 or via email at hyf@farberlawpa.com.
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