Divorce Mediation in Miami-Dade

Mediation is a confidential, non-binding process in which a neutral third party helps spouses try to reach their own agreement. The mediator has no power to decide anything, so the decisions stay with the parties.

Florida courts often require it. Under Florida Statutes section 44.102(2)(c), in circuits that have an established family mediation program, the court shall refer to mediation all or part of disputed custody, visitation, or other parental responsibility issues, with an exception where a history of domestic violence would compromise the process. The procedures for family mediation are set out in Florida Family Law Rules of Procedure 12.740 and 12.741, and section 61.183 authorizes the referral of contested issues involving children.

Miami-Dade County is served by the Eleventh Judicial Circuit, which has an established Mediation and Arbitration Division based at the Osvaldo Soto Miami-Dade Justice Center (20 NW 1st Avenue, Suite 11.226, Miami, FL 33128). Judges here routinely order contested family matters to mediation before setting a trial date.

The mediator is a Florida Supreme Court certified family mediator. The circuit maintains a rotating list of certified mediators, sometimes called the Wheel, from which parties may select or be assigned a mediator. Because the mediator cannot impose a result, any agreement reached is voluntary. Once the parties sign a mediated agreement and file it, however, it becomes enforceable.

For court-connected family mediation, Florida sets the fees by statute. Under section 44.108(2), the fee is $60 per person per scheduled session when the parties’ combined income is under $50,000, and $120 per person per session when combined income is $50,000 to $100,000. Parties who are found to be indigent are exempt.

These rates apply only to the court-connected program. When the parties’ combined income is $100,000 or more, they are directed to private mediation instead, and a private mediator’s hourly rate is not fixed by statute (a party may object to a private mediator’s rate as unreasonable). Any private-mediation cost you see quoted is an estimate from secondary sources, not an official figure. As with all court fees, statutory amounts can change, so confirm current figures with the court before relying on them.

Mediation gives spouses a chance to settle on their own terms, which can save time and expense compared with a trial. It is not binding, so if the parties cannot agree, the unresolved issues still go to the judge for decision.

One point is worth noting for context. There is no official Florida court or bar statistic on how often family cases settle or how often mediation succeeds. Widely quoted success-rate percentages come from private sources and should not be treated as authoritative. Reading this guide does not create an attorney-client relationship. For advice about your own situation, speak with a licensed Florida attorney.