Florida Supreme Court Certified
Family & Circuit Civil Mediator.

What Mediation Is — and Is Not

Mediation is a structured settlement conference facilitated by a neutral third party. In Florida, family mediation is governed by Chapter 44, Florida Statutes, the Florida Rules of Civil Procedure (Rule 1.700–1.750), and the Florida Rules for Certified and Court-Appointed Mediators. Three features define it:

• Confidential. Mediation communications are privileged under Fla. Stat. § 44.405. Offers, admissions, and settlement positions cannot be used at trial.
• Voluntary. Even when the court compels attendance, no party is required to agree to any particular term. Parties choose whether to sign.
• Non-binding until signed. Nothing said at mediation binds anyone. Only a written, signed mediated settlement agreement is enforceable.

A mediator is not a judge, not an arbitrator, and not a decision-maker. The mediator does not decide anything. The mediator tests positions, surfaces common ground, proposes options the parties might not have considered, and helps the participants evaluate the risks of continuing to trial. Every decision — whether to settle, what to settle, and on what terms — belongs exclusively to the parties.

Why Mediation Is Required in Florida

Most Florida circuits require mediation in contested family law matters before the court will set the case for trial. In the Fourth Judicial Circuit (Duval, Clay, Nassau), the chief judge’s administrative order routes contested family cases to mediation as a precondition to a final hearing. Similar orders of referral exist in nearly every circuit statewide. The authority for mandatory mediation derives from Fla. Stat. § 44.102 and the Florida Rules of Civil Procedure, and procedural rules on court records and proceedings are found at Fla. R. Gen. Prac. & Jud. Admin. 2.420.

Mediation works. Florida courts have mandated it for more than three decades precisely because a high percentage of cases that go to mediation settle — in whole or in part. Settlement rates vary by circuit and case type, but a substantial majority of referred cases resolve at or shortly after mediation. That result is faster, less expensive, less traumatic, and more durable than a judge’s order imposed on reluctant parties.

Two Ways Attorney Fraser Serves

The roles are strictly separate. The Florida Rules for Certified and Court-Appointed Mediators and the Rules Regulating The Florida Bar prohibit a lawyer-mediator from serving as both neutral and advocate in the same case, and from later representing any party to a mediation in a matter materially related to that mediation. Attorney Fraser will never mix the two roles on a single matter.

Who Can Be a Florida Certified Family Mediator

Florida’s certified-mediator program is administered by the Supreme Court of Florida through the Dispute Resolution Center. Certification requires:

• Completion of a Supreme Court–approved mediation training program (family certification currently requires a 40-hour family mediation training with observation and mentorship hours);
• Substantial relevant background — for attorney-mediators, active bar membership in good standing;
• Passing a character and fitness review and acceptance of the Florida Rules for Certified and Court-Appointed Mediators;
• Ongoing continuing mediator education every renewal cycle;
• Submission to the disciplinary jurisdiction of the Mediator Ethics Advisory Committee and the Supreme Court.

Certification is issued in specific categories: County, Family, Circuit Civil, Dependency, and Appellate. Attorney Fraser holds certification in both Family and Circuit Civil — a dual credential that expands the range of matters he is qualified to mediate.

Statewide Availability — All 20 Judicial Circuits

Certification is statewide. A Florida-certified mediator is authorized to mediate anywhere in Florida. Attorney Fraser accepts neutral and advocate engagements in all 20 circuits, from Pensacola to Key West and from Jacksonville to Tallahassee.

When Mediation Works Best

Mediation is not a magic solution to every dispute, but it is remarkably effective under the right conditions:

• Both parties want the matter resolved. The most important variable. Parties who prefer litigation for its own sake rarely settle.
• Genuine disputes with some flexibility. Cases where each side has a range of acceptable outcomes — not a single non-negotiable position.
• Cost-sensitive parties. A full-day mediation typically costs a fraction of a multi-day trial plus post-trial motions and appeals.
• Cases with exhausted high-conflict parties. When both sides are worn out from litigation, a neutral third party can often move a stuck case.
• Cases involving ongoing relationships. Co-parents, business partners, neighbors — people who will continue to deal with each other — benefit from negotiated outcomes rather than imposed judgments.

Preparing for Mediation

Attorney Fraser’s view: mediation outcomes track the preparation invested in them. When representing a client, he prepares the following well before the session:

• Comprehensive mediation summary — a written brief the mediator reviews in advance outlining the facts, the law, the client’s goals, and the key documents.
• BATNA analysis — the client’s Best Alternative To a Negotiated Agreement, with honest projections of time and cost if the matter goes to trial.
• Documentation — financial affidavits, tax returns, appraisals, pay stubs, parenting plan drafts, and any exhibits likely to be discussed.
• Client coaching — what to expect procedurally, what to say and not say, how the caucus (shuttle) format works, and decision frameworks for responding to offers.

When serving as neutral mediator, Attorney Fraser requests advance written summaries from both sides, reviews the procedural posture of the case, confirms the order of referral, and identifies any preliminary disclosures or motions the parties expect to discuss.

If Mediation Fails

Not every case settles. When it does not, the mediator declares an impasse and files a report with the court stating only that no agreement was reached — no details of the discussions are disclosed. Several outcomes are common:

• Partial settlement. The parties resolve some issues (often equitable distribution or a parenting plan) and leave others (often alimony) for trial. The written partial agreement is binding; unresolved issues proceed.
• Continued litigation. The case returns to the court’s track toward trial. Discovery may resume, temporary-relief motions may be filed, and trial preparation proceeds.
• Second mediation. Some cases benefit from a second session weeks or months later, once new information is developed or emotions have cooled.

Nothing said during mediation is admissible at a subsequent trial. A party’s settlement posture — what they offered, what they refused — cannot be used against them. That confidentiality is what allows parties to negotiate candidly in the first place.

Fees for Mediation Services

When serving as neutral mediator, Attorney Fraser charges an hourly rate that is typically split equally between the parties (or allocated by agreement). Rates and minimum session durations are confirmed in a written engagement letter signed by both parties before the session. When representing a client as advocate through mediation, fees follow Attorney Fraser’s standard family law engagement terms disclosed in the retainer agreement. Exact rates are provided on request — call 877-862-7188 or email mail@fraserlawfl.com.

Further Reading