Blog

Things to Know About Mediation and Mediated Settlement Agreements in the Orlando, Florida Area

In the Orlando, Florida area in any Marital and Family Law Case, Court ordered Mediation is mandatory prior to the case being set for trial before the judge. Settlements are highly favored and will be enforced whenever possible. Settlement agreements are governed by contract law. 

However, when parties reach a settlement agreement after mediation, Florida Rule of Civil Procedure 1.730(b) expressly provides: If a partial or final agreement is reached, it shall be reduced to writing and signed by the parties and their counsel, if any. Florida Rule of Civil Procedure 1.730(b) (2021). Thus, a supposed settlement agreement resulting from mediation cannot be enforced absent the signature of all the parties. A lack of written agreement signed by both parties after mediation is more than a mere technical deficiency, and the alleged mediation settlement is unenforceable. 

Regarding Court ordered mediation, Florida Statute 44.404(1)(a), Fla. Statute (2021), states that a court-ordered mediation begins when an order is issued by the court and ends when a partial or complete settlement agreement, intended to resolve the dispute and the mediation, is signed by the parties and, if required by law, approved by the court. 

During mediation, if the parties do not reach a settlement then an impasse is entered. Parties that feel that if they have more time can settle the case, may request that the mediation be continued to a later date. 

When attending Mediation, make sure your Mediation Agreement is what you want before you sign it. That is very important because once you sign it, there is no room for buyer’s remorse. You will be stuck with the Mediated Settlement Agreement. The other side will most likely be able to enforce it. So, make sure it is something you can live with before you sign it. There is an old mediator’s joke: “a good mediation is where everyone walks away unhappy.” That means at mediation, you need to be prepared to compromise because, most likely, you will not get everything you want. 

Usually, a Mediated Marital Settlement Agreement can only be set aside if there is fraud, coercion, or duress. That is a very high standard to prove to set aside a Mediated Marital Settlement Agreement. Most likely it will be upheld and enforced by the court. 

If you have more questions regarding a Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation. 

This article is for informational purposes only and does not form an attorney client privilege.