Is Mediation Mandatory Before a Florida Divorce Case Goes to Trial?
Direct Answer
Yes. Most contested Florida family law matters are referred to mediation before trial, unless an exception applies.
Yes. Under Florida Rule of Civil Procedure 1.700 and the Florida Family Law Rules of Procedure 12.740, most contested family law matters — including dissolution of marriage, timesharing disputes, and equitable distribution — are referred to mediation before trial. A judge may order mediation at any point, and most circuits require it before a case management conference or final hearing is set. The only common exceptions are cases involving domestic violence (where the court may waive mediation or require a specially trained mediator under Florida Statute §44.102(4)), cases where a party is incarcerated, or where both parties agree to waive mediation and the court approves. Court-ordered mediators must be Florida Supreme Court certified. If the parties cannot afford a private mediator, the court can appoint a mediator from the circuit's roster at a reduced fee or at no cost through the Mediation Assistance Program (MAP) available in several circuits.