Is Mediation Required in Florida?

Is mediation required in Florida?

Yes, in most contested divorces. If you and your spouse disagree about parenting, Florida law says the judge must send those issues to mediation. Most circuits also require mediation before a contested final hearing. Mediation is a private meeting where a neutral person, the mediator, helps you try to settle. You do not have to agree to anything.

This is a normal step, and many couples settle there. The rule comes from § 44.102(2)(c), Florida Statutes (2026 text, checked as of October 2026). In circuits with a family mediation program, once the court finds a dispute, it "shall refer to mediation all or part of custody, visitation, or other parental responsibility issues."

Local court orders go further. For example, the Third Judicial Circuit's Administrative Order 2022-004 says family parties "must participate in mediation unless exempt by statute, rule, or court order." A contested case there cannot be set for final hearing until the mediator reports back. The Fourteenth Judicial Circuit uses the same "shall attend" rule for contested family cases.

When is mediation not required in a Florida divorce?

You can often skip mediation if you already agree on everything, or if domestic violence makes it unsafe. Here is what the answer depends on:

• Uncontested cases: If you have a signed settlement covering every issue, there is usually nothing left to mediate. Check your circuit's order, because some still list mediation steps.
• Domestic violence: Under § 44.102(2)(c), the court must not order mediation if a party asks and the judge finds a history of domestic violence that would compromise the process.
• Injunctions and convictions: Under Florida Family Law Rule of Procedure 12.740, you must tell the court about a domestic violence injunction or conviction between you. The judge may then waive mediation or set safety rules for it.
• Some case types: Rule 12.740 says Title IV-D child support cases, post-judgment contempt and enforcement, and injunction extensions are not sent to mediation without good cause or both parties' consent.

Tip: If you fear your spouse, tell the court or the mediation office before mediation is scheduled. Some circuits, like the Third Circuit, screen for domestic violence first.

If mediation is required and you skip it without permission, the judge can delay your hearing. Talk to a lawyer before you ignore a mediation order. Our guide to whether you need a lawyer for divorce in Florida explains when one helps most.

How much does required mediation cost in Florida?

It depends on your combined income. Court mediation programs charge $60 or $120 per person per session under § 44.108(2), Florida Statutes, as of October 2026. Couples earning $100,000 or more together usually must hire a private mediator, as the Fourteenth Circuit's program explains.

You pay the clerk before the session in court programs. For the full list of other fees, see what additional costs to expect in a Florida divorce.