FAQs about Family Court Mediation

• The parent or parents who are charged with allegations of abuse, neglect or abandonment, and attorney(s), if represented;
• The Department of Children and Families’ (DCF) caseworker and attorney;
• The children’s parent(s) not charged with abuse or neglect and attorney(s), if represented;
• A Guardian ad Litem (GAL) appointed by the Court to advocate for the best interest of the children. The Guardian ad Litem Program attorney may also be present; and,
• The children’s custodian responsible for their care when they are removed from their parents’ custody, and the custodian’s attorney, if represented. A custodian could be a family member, foster care provider or other person approved by the Court. The following persons may also be present, provided that the principal parties in the case – the parents and the Department of Children and Families – agree to their participation in the mediation conference:
• Relatives of the children, including the children’s grandparents or other family members; and
• Professionals and other individuals such as therapists, teachers, the clergy or other persons in support of the parents and/or the children, who can help the parties make informed decisions.

Family Court parties ordered by the judge to attend Family Mediation will meet together with the mediator and their attorneys, if represented, to discuss and try to settle issues which may include:

• Time-sharing, Co-parenting and Child support
• Paternity issues
• Parental responsibility - who will make the day-to-day decisions about the children's lives
• How the marital property, assets and debts will be divided between the parties
• Issues regarding spousal support (alimony)

Each party will be allowed to explain their side of the case and their views on how they would like the issues resolved. Through the negotiation process, the mediator works with the parties to find common ground and suggest possible solutions to their differences. The mediator may also meet with each party separately and confidentially in what is known as a “caucus”.

The issues agreed upon are produced in writing, reviewed, signed by the parties and submitted to the judge for approval. If no agreement is reached, the case will be decided by the judge. Discussions during mediation are considered confidential and cannot be used against you in court, with certain exceptions noted in Chapter 44 of the Florida Statutes.

• The cost of the Court’s Family Mediation services is divided equally between the parties (unless otherwise ordered by the judge or agreed upon by the parties) and is determined by their combined incomes, as follows:
• Combined incomes of 50,000 or less per year, unless the parties are determined to be indigent: $60 per person for each two hour session.
• Combined incomes greater than $50,000 but less than $100,000 per year unless the parties are determined to be indigent: $120 per person for each two hour session.
• Parties with combined incomes greater than $100,000 per year are not eligible for services provided by the Court’s Family Mediation Division. Divorcing couples in this income category who wish to mediate their case may hire a private mediator. All fees must be paid in person to:
  Clerk of the Court,
  Lawson E. Thomas Courthouse Center
  175 N.W. 1st Avenue, First Floor
  Miami, Florida 33128.