What “Before Filing” Means

No case has been opened, so there’s no judge, no deadline and no court file yet. Mediation at this stage is entirely voluntary. Both people choose to take part, and either can stop at any time.

Florida does not require mediation before filing. Couples who already agree on everything can go straight to their attorneys or the court’s forms. Mediating before filing is for people who are close: they agree the marriage or arrangement is ending, but a few real questions are still open.

Who It Tends to Fit

Couples who both accept the decision to separate and want to settle the terms privately
Long marriages where the open questions are the house, retirement and health coverage rather than blame (see gray divorce mediation)
Unmarried parents who agree on parentage and need a schedule and support terms
Parents with an existing arrangement who want to reset it before anything becomes a court case

What You Leave With

Mediation before filing doesn’t produce a divorce, a court order or completed court forms. When the parties reach terms, those terms are written down for review by each party’s own attorney, along with a clear list of anything left open.

From there, the parties decide the next step with counsel. That may be an uncontested filing built on the agreed terms, more time, or a different path entirely. Whatever is filed still has to meet Florida’s requirements, including financial disclosure, the child support guidelines and a parenting plan when there are minor children. Preparing and filing those documents is counsel’s work, not the mediator’s.

What Changes Without a Court Case

No court-ordered disclosure yet. Documents are shared voluntarily. If one person won’t share real financial information, mediation can’t do its job. See when mediation is not appropriate.
No report to a judge. There’s no case for the mediator to report to.
No schedule but yours. Sessions run on the parties’ timeline, including evenings and selected Saturdays.
Confidentiality applies to the extent provided by Florida law, and the written agreement to mediate spells out how it works before the session begins.

Having Your Own Attorney Still Matters

You don’t need a lawyer in the room to mediate, but mediating without a lawyer puts more weight on getting independent advice. Before the session, it helps to ask counsel what you should understand first. Afterward, have counsel review any written terms before you sign anything that will be filed. The mediator stays neutral throughout: no legal advice, no view on whether terms are fair, and no drafting of court documents.

Mediating without an attorney? See mediating without a lawyer →

When Not to Start Here

Mediating before filing tightens the screening rather than relaxing it, because no judge is watching the process. It’s the wrong starting point when:

There’s an injunction, a history of violence, or intimidation that would unbalance the conversation
One person wants the mediator to “talk sense into” the other
Parentage is disputed, assets appear hidden, or someone needs emergency court relief
A parent plans to relocate with a child and needs the statute’s notice or court permission before moving

Starting the Conversation

The first step is the same as any matter: a short request with basic conflict-check information only. Both people must be willing to take part, since mediation can’t be imposed on someone who hasn’t agreed. The standard rate is $250/hour total, commonly divided between the parties, with written fee terms before anything is scheduled.

Request Mediation →

This article is general information, not legal advice. Sun State Mediator does not prepare petitions, financial affidavits, parenting plans, or other court filings, and does not advise on which filing path fits a situation.

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Mediating Before Anyone Files