The Do’s and Don’ts of Florida Divorce Mediation

Divorce mediation offers couples in Florida an opportunity to resolve their differences outside of a courtroom setting. While mediation can be less adversarial and more cost-effective than traditional litigation, success depends largely on how you approach the process.

What is Divorce Mediation?

Divorce mediation is a process where a neutral third party—the mediator—helps divorcing spouses reach agreements on key issues like property division, child custody, and support arrangements. In Florida, mediation is often required before a case can proceed to trial, making it an important step in most divorce proceedings.

The Do’s of Successful Mediation

DO: Come Prepared with Financial Documentation

Bringing complete financial records to mediation is essential. This includes:

Tax returns from the past three years
Bank account statements
Investment account information
Property deeds and mortgage statements
Credit card statements and debt information
Pay stubs and employment records

Having this documentation readily available allows for productive discussions about asset division and support arrangements.

DO: Maintain a Cooperative Attitude

Mediation works best when both parties approach it with a willingness to compromise. Remember that the goal is to reach a mutually acceptable agreement, not to “win” against your spouse. A cooperative attitude can:

Speed up the process
Reduce costs
Lead to more creative solutions
Preserve important relationships, especially when children are involved

DO: Focus on the Future

While it’s natural to reflect on past grievances, successful mediation requires a forward-looking perspective. Consider what arrangements will work best for your post-divorce life rather than dwelling on what went wrong in the marriage.

DO: Listen to Your Attorney’s Advice

If you have legal representation, take their counsel seriously. Your attorney understands Florida law and can help you evaluate whether proposed agreements are fair and legally sound.

The Don’ts of Divorce Mediation

DON’T: Use Mediation as a Discovery Tool

Mediation is not the appropriate forum for gathering information about your spouse’s finances or activities. Come to mediation already informed about your marital situation. Using the mediator’s time for fact-finding will only increase costs and frustrate all parties involved.

DON’T: Make Threats or Ultimatums

Threatening to walk away from mediation or making ultimatums rarely produces positive results. This approach typically:

Damages the cooperative atmosphere necessary for success
Causes the other party to become defensive
Can lead to impasse and expensive litigation
May negatively impact how a judge views your case if the matter proceeds to court

DON’T: Hide Assets or Income

Attempting to conceal financial information is not only unethical—it’s illegal. In Florida, both parties have a duty to provide full financial disclosure. Hiding assets can result in:

Sanctions from the court
Loss of credibility
Potential criminal charges
An unfavorable outcome if the deception is discovered

DON’T: Bring Emotions to the Table

While divorce is inherently emotional, allowing anger, resentment, or sadness to control your behavior during mediation will hinder progress. If you find yourself becoming too emotional:

Request a break
Step outside to compose yourself
Consider speaking with a therapist before mediation sessions
Focus on the practical matters at hand

DON’T: Make Decisions Under Pressure

Mediation can sometimes feel rushed, especially if there are court deadlines looming. However, you should never agree to terms you don’t fully understand or that don’t serve your interests. It’s always better to schedule an additional mediation session than to agree to unfavorable terms.

Special Considerations for Mediation with Children

When children are involved, additional considerations come into play:

Keep the children’s needs paramount in all discussions
Don’t use child-related issues as bargaining chips
Be realistic about parenting time and capabilities
Consider the children’s schedules and activities when crafting time-sharing plans

When Mediation May Not Be Appropriate

While mediation works well for many divorcing couples, it’s not suitable in all situations. Mediation may not be effective when:

There is a history of domestic violence
One spouse has significantly more knowledge about finances
Power imbalances prevent fair negotiation
One party refuses to participate in good faith

Divorce mediation in Florida offers an opportunity to resolve your divorce efficiently and amicably. By following these do’s and don’ts, you increase your chances of reaching a fair settlement that serves both parties’ interests.

Remember that successful mediation requires preparation, honesty, and a willingness to compromise. With the right approach and experienced legal guidance, mediation can help you move forward to the next chapter of your life with minimal conflict and expense.

If you’re considering divorce mediation, consulting with a qualified family law attorney can help ensure you enter the process fully prepared and protected.