Serving Pasco, Pinellas, Hernando and Hillsborough Counties
★★★★★ 4.6 from 111 Google reviews|(727) 372-4722
Serving Pasco, Pinellas, Hernando and Hillsborough Counties
★★★★★ 4.6 from 111 Google reviews|(727) 372-4722
Mediation
Mediation is a confidential meeting where both sides, with a neutral mediator, work toward an agreement they write themselves instead of a decision a judge writes for them. In Pasco County it is required in most contested family cases before trial.
Erin Catey is a Florida Supreme Court Certified Family Mediator as well as a family law attorney, so this firm sees mediation from both sides of the table.
We represent clients at mediation in their own cases, and we prepare them for it: what will be discussed, what a realistic range of outcomes looks like, and what an agreement needs to say to hold up. The large majority of contested cases we handle settle at or after mediation rather than at trial.
In the Sixth Judicial Circuit, which covers Pasco and Pinellas counties, contested family matters are generally referred to mediation before they can be set for trial. That includes divorces, paternity cases and modifications where the parties have not reached agreement. The court can waive the requirement in limited circumstances, such as where there is a history of domestic violence, but for most cases mediation is a required step.
Both parties attend, each with their own attorney if they have one, and a mediator who does not represent either side. The mediator does not decide anything. Their job is to help the parties identify the real issues, exchange proposals and find terms both can accept. Sessions often move between joint discussion and private caucus, where the mediator meets with each side separately.
If agreement is reached, it is written up as a mediated settlement agreement and signed before anyone leaves. That agreement is binding and is submitted to the court to become part of the final judgment. If only some issues settle, the agreement covers those and the rest go to the judge.
Under Florida’s Mediation Confidentiality and Privilege Act, what is said in mediation generally cannot be used in court. Offers made in mediation are not admissions, and the mediator cannot be called to testify about what happened. That protection is what allows people to negotiate honestly. The signed settlement agreement itself is not confidential, since it has to be filed with the court.
Know your numbers and know your priorities. Before mediation we make sure your financial affidavit is current, that the child support guideline calculation has been run under several possible schedules, and that you have decided which points matter most to you and where you have room to move. Parties who arrive prepared usually leave with an agreement; parties who arrive expecting to argue usually do not.
Mediation ends in an impasse and the case is set for a hearing or trial on the open issues. Nothing said in mediation follows you into the courtroom. Even an impasse is rarely wasted: most cases narrow considerably at mediation, and many settle in the weeks afterward once both sides have heard the other’s position.
Who handles this
Managing Partner · Family Law Attorney · Florida Supreme Court Certified Family Mediator
Free first consultation
Talk to an attorney about your situation.
By phone or in the office. Monday to Friday, 9:00 to 5:00.
Handled by Erin Catey
Common questions
General information about Florida law, not legal advice for your specific case.
You are allowed to attend without one, but the agreement you sign is binding and becomes a court order. An attorney at the table tells you whether a proposal is reasonable, drafts the terms so they are enforceable, and makes sure nothing you are entitled to is left out.
Most family mediations in Pasco County are scheduled for a half day or a full day. Complex cases sometimes return for a second session.
No. Mediation can be conducted with each party in a separate room and the mediator moving between them, and it can be done by video. Tell us in advance if being in the same room is a concern.
It is usually split between the parties, and the court’s family mediation program sets its fees according to the parties’ combined income. Private mediators set their own rates. We will tell you what applies to your case at the consultation.
Not if the firm represents you or your spouse; a mediator must be neutral. Erin mediates cases in which neither party is a client of the firm. If you are looking for a mediator rather than an attorney, contact the office and we will tell you whether that is possible.
Once signed, yes. It is a contract, and once the court adopts it in a judgment it is a court order. That is why it is worth having an attorney review the wording before you sign, not after.
The first consultation is free, by phone or in the office. Call during business hours or send a message and we will get back to you.
Catey & Maguire Law, P.L.L.C.
6230 Lafayette St, New Port Richey, FL 34652
Monday to Friday, 9:00 am to 5:00 pm. Saturday and Sunday, closed.
