Family mediation attorney in Orlando

Family mediation in Orlando: what it is

Mediation is a confidential meeting where you, the other party and a neutral mediator try to settle a divorce or family case without a trial. The mediator helps the two sides talk and look for options, but does not decide anything and cannot give either of you legal advice. Whatever you agree to is put in writing; if you don't agree, the case goes back to the judge.

What we do: Luis Morales Legal does not act as a mediator. We represent you in family law mediation: we prepare your case, attend the mediation session with you (in person or by video), negotiate on your behalf, and review the mediated settlement agreement before you sign it. If you searched for a mediation attorney in Orlando or a family law mediation lawyer in Orlando, that is exactly this service. If what you need is the neutral mediator, the court or the other party's lawyer will usually propose one, and we can help you choose and schedule a certified family mediator.

We represent clients in family law mediation in Orlando and Central Florida: Orange, Osceola, Seminole, Lake, Polk, Volusia, Brevard, Marion and Sumter counties.

When mediation is required in Florida

Florida law (section 44.102, Florida Statutes) and the Florida Family Law Rules (rule 12.740) allow the judge to send a family case to mediation, and in most contested divorce, custody, child support and paternity cases in Central Florida the court orders the parties to mediate before a trial or final hearing. Mediation also happens:

• In divorce cases with disputes over property, debts, alimony, the parenting plan or child support.
• In custody and time-sharing cases between unmarried parents, including paternity cases.
• In modification cases (changing child support, alimony or a parenting plan) and relocation cases.
• Voluntarily, before anyone files, when both sides want to try to settle first.

Domestic violence: the law limits mediation when there is a history of domestic violence that would make it unsafe or unfair. If that applies to you, tell us right away; we can ask the court to excuse mediation or to set it up with safeguards, such as separate rooms or separate video sessions. See also our page on family law services.

Who the mediator is

In Florida family cases, court-ordered mediation is normally conducted by a certified family mediator: a person certified by the Florida Supreme Court to mediate family disputes, who must follow the Florida Rules for Certified and Court-Appointed Mediators. The mediator:

• Is neutral: does not represent you or the other party.
• Cannot give legal advice or tell you whether a deal is good for you.
• Does not decide the case and cannot force anyone to agree.
• Can be a private mediator the parties choose and pay, or a mediator from the court's family mediation program, which charges reduced fees based on the parties' income.

That is why it matters to have your own lawyer at the table. The mediator's job is to help reach an agreement; our job is to make sure the agreement protects you and your children.

Confidentiality

Under Florida's Mediation Confidentiality and Privilege Act (sections 44.401–44.406), what is said in mediation is generally confidential and privileged. Offers, admissions and discussions in mediation usually cannot be used later in court, and the mediator cannot be called to testify about them. There are limited exceptions set by law, such as reports of child abuse or threats to commit a crime. Confidentiality lets both sides talk openly about options without fear that every word will be used against them at trial.

How family mediation works, step by step

1. Before mediation. Both sides exchange financial information: the financial affidavit and mandatory disclosure documents (tax returns, pay stubs, bank and retirement statements). We review the other party's numbers, prepare a proposed parenting plan and child support guidelines worksheet where children are involved, and set your goals and your limits.
2. Opening. The mediator explains the rules and confidentiality. Many family mediations in Central Florida are held by video, with each side in a separate virtual room.
3. Negotiation. The mediator moves between the two sides with offers and counteroffers. We negotiate for you, explain each proposal and tell you how it compares with what a judge is likely to do.
4. Agreement or impasse. If you settle every issue, the terms are written into a mediated settlement agreement that same day. If you settle some issues, you sign a partial agreement and only the rest goes to the judge.
5. After mediation. The agreement is filed with the court. In a divorce, the judge usually adopts it in the final judgment, often at a short final hearing.

The mediated settlement agreement

A mediated settlement agreement (sometimes called an MSA or marital settlement agreement when it ends a divorce) is the written contract that comes out of a successful mediation. In a family case, the Florida Family Law Rules require that it be in writing and signed by the parties and their lawyers, if they have them. It can cover:

• Division of property and debts, including the home and retirement accounts.
• Alimony, if any.
• The parenting plan and time-sharing schedule.
• Child support, which must follow the Florida guidelines unless the court approves a different amount for a valid reason.
• Who pays attorney's fees and costs.

Once you sign it, it is very hard to undo. Courts enforce signed mediated agreements and set them aside only in narrow situations, such as fraud or coercion. Terms about children are subject to the court's review of the child's best interests, but you should never sign expecting the judge to fix a bad deal. That is why we review mediated agreements before you sign, including agreements prepared in a mediation you attended without a lawyer, when there is still time to review them.

What happens at an impasse

If the parties can't reach an agreement, the mediator declares an impasse and reports to the court only that mediation ended without an agreement (or with a partial agreement), not who said what. The case then continues toward a trial or final hearing, where the judge decides the issues still in dispute. An impasse is not the end of negotiations: many cases still settle afterward, and the work done preparing for mediation is the same work needed for trial.

Why have a lawyer in mediation

• You know what you're giving up. We compare every offer with your rights under Florida law and what a judge is likely to order.
• Your numbers are checked. Incomes, child support worksheets and asset values in the other side's proposal are not always right.
• The agreement is complete and enforceable. Vague terms about the house, retirement accounts or the time-sharing schedule cause new court fights later.
• You are not negotiating alone against a spouse who has a lawyer, or against someone you find hard to say no to.

If your case does not settle, we can continue as your lawyer in the divorce, child custody or child support case.

Orlando divorce mediation: cost

Our representation in mediation, including preparation, attending the session and reviewing the mediated settlement agreement, has a flat fee of $1,200. If we already represent you in your divorce or family case, mediation may be included in that case's packet; we will tell you before we start.

The mediator's fee is separate and is paid to the mediator, usually split between the parties or according to the court's order; the court's family mediation program charges reduced fees based on income. The free consultation is a 15-minute phone call; an in-person or longer consultation costs $150. For the full picture of what a case costs, see how much a divorce costs in Florida.

How to choose a family law mediation lawyer in Orlando

• Florida licensed, family law practice. Mediation is about Florida family law: alimony, equitable distribution, child support guidelines and parenting plans.
• Don't confuse the roles. The mediator is neutral; your lawyer works only for you. A mediator cannot also be your lawyer in the same case.
• "Specialist" claims. In Florida, only lawyers certified by The Florida Bar may call themselves specialists or experts in an area of law. Ask about the lawyer's actual family law and mediation work instead.
• Flat fee and clear scope. Ask whether preparation, the session and the agreement review are included, and what happens if mediation ends in impasse.
• Your language. You should understand every term you sign. We work in English or Spanish.

Why work with us

Luis A. Morales has been a lawyer since 2001 and is admitted to practice in Florida and Puerto Rico. He is a U.S. Army veteran who served as a military legal officer. He handles each mediation personally, in English or Spanish, from our office at 390 N Orange Ave, Suite 2300, in downtown Orlando, and attends mediations in person or by video across Central Florida.

Learn more in our Florida divorce guide and how long a divorce takes in Florida. If you and your spouse already agree on everything, see uncontested divorce.

Frequently asked questions