Can a mediator write up our official Marital Settlement Agreement?
Direct Answer
Yes, but with an important legal caveat based on the mediator’s professional background. If you hire a Florida Supreme Court certified mediator who is also an active member of the Florida Bar, they can draft a comprehensive Marital Settlement Agreement (MSA) and a detailed Parenting Plan that incorporates every detail you agreed upon during the session.
Yes, but with an important legal caveat based on the mediator’s professional background. If you hire a Florida Supreme Court certified mediator who is also an active member of the Florida Bar, they can draft a comprehensive Marital Settlement Agreement (MSA) and a detailed Parenting Plan that incorporates every detail you agreed upon during the session. If your mediator is a non-lawyer—such as a certified mental health professional or an accountant—they are legally restricted by rules against the unauthorized practice of law. They can write up a detailed “Term Sheet” or a “Memorandum of Understanding” outlining your agreements, but they cannot draft the formal, binding legal pleadings required by the court. In that scenario, you will need to hire an attorney to translate that summary sheet into a legally sufficient MSA.
Related Questions in Florida
What happens if we agree on some things during mediation but can't agree on everything?
How do we handle child custody and parenting schedules in a Florida mediation?
How does mediation handle our property, debts, and assets under Florida law?
Is what I say in mediation confidential? Can my spouse use it against me in court later?