Question 1

What is mediation?

Accepted Answer

Mediation is a confidential, structured negotiation in which a neutral third party — the mediator — helps the participants discuss their dispute and explore mutually acceptable solutions.

The parties keep full control over whether to settle and what the agreement says.

Question 2

What is the role of the mediator?

Accepted Answer

A mediator is a neutral third party who manages the mediation process. The mediator does not represent either party, advocate for either side, or decide the outcome.

My role is to keep the conversation organized and productive, help identify the issues that matter to each person, clarify areas of agreement and disagreement, and explore whether proposed resolutions are practical and workable for everyone involved.

My background working with families, children, the court system, and conflict-resolution processes helps me understand the practical and human issues that often accompany a dispute.

Question 3

Does a mediator provide legal advice?

Accepted Answer

No. A mediator's role is separate from legal representation. Even when a mediator is also an attorney, the mediator must maintain the neutral role and cannot act as either party's attorney or provide legal advice to either party in that mediation.

A mediator may provide general legal and procedural information, including information about applicable laws, rules, and legal principles, to help the parties better understand the issues being discussed. This information can help keep the conversation grounded and realistic while allowing each person to consider their options and make their own decisions.

Each party remains responsible for deciding whether to seek independent legal advice.

Question 4

How is mediation different from arbitration or a trial?

Accepted Answer

In arbitration and litigation, a third party — an arbitrator or judge — hears evidence and has the authority to impose a decision.

In mediation, no decision is imposed. The mediator has no decision-making authority; the outcome is determined by the parties and is based on what they voluntarily agree to.

Because the parties control the outcome, mediation can be faster, less expensive, less adversarial, and more flexible than going to court.

Question 5

Is mediation legally binding?

Accepted Answer

If the parties reach a settlement, the terms are put into a written agreement for the parties to review and sign.

Once signed, the agreement may be legally binding and enforceable according to its terms and applicable law.

In court-related matters, a signed agreement may be submitted to the court for approval and, when appropriate, incorporated into a court order or final judgment.

Question 6

Is mediation voluntary or court-ordered?

Accepted Answer

Both.

Mediation may be ordered by a court in family or civil matters, or the parties may choose to mediate voluntarily.

Parties can choose mediation before a lawsuit is filed, during litigation, or at other points in the process when mediation may help resolve the dispute.

Although mediation may be court-ordered, the decision to settle is voluntary. No one is required to reach an agreement.

Question 7

Do I need an attorney to mediate?

Accepted Answer

No, an attorney is not required. Many people participate in mediation without an attorney, particularly in less complex matters.

You are welcome to have an attorney represent or advise you at any stage of the process. Mediation does not replace independent legal counsel, and each participant may choose whether to seek legal advice based on their individual circumstances.

Question 8

How do the parties agree on a mediator?

Accepted Answer

In cases where both sides are represented by attorneys, the attorneys typically confer and agree on a mediator before contacting our office. Once they reach out, we coordinate scheduling and session details. Although an attorney's office may initiate contact, Danielle is not hired by any attorney and does not work for either side. Neutrality remains constant regardless of who makes the first call.

If one side is represented and the other is self-represented, our office confirms availability with the attorney and then contacts the self-represented party to ensure the mediator is acceptable to everyone and to finalize scheduling.

When both parties are self-represented, we coordinate directly with each side to confirm acceptance and arrange the session.

For court-ordered matters, parties may agree on a mediator of their choice. If they cannot agree, the court may appoint one from its approved list or rotation.

Question 9

What happens during a typical session?

Accepted Answer

Under Florida law, the mediator begins with an opening statement explaining her role, how the mediation process works, and the parties' rights and responsibilities.

Typically Danielle conducts the opening statement and then works with the parties to clarify the issues. Once the scope is clear, the group also decides how to proceed in terms of meeting format.

You may choose to remain together in a joint session while discussing the issues, or, if either party prefers, Danielle can use separate breakout rooms. The goal is to provide a structured and productive process that allows both parties to be heard and work toward a resolution.

The session ends either with a written agreement or, if no resolution is reached, a clear summary of next steps.

Question 10

How long does a mediation session take?

Accepted Answer

Mediations are scheduled as half-day sessions of up to 4 hours or full-day sessions of up to 8 hours.

The parties and their attorneys, if represented, can choose the session length based on the nature of the dispute and the issues they are prepared to address.

The allotted time provides the parties with an opportunity to work toward resolution without feeling rushed. Mediation may conclude at any point within the allotted time based on the progress and circumstances of the mediation.

While many disputes are resolved in a single session, others may require additional time or multiple sessions depending on the complexity of the issues and the needs of the parties.

Question 11

What if we cannot reach an agreement?

Accepted Answer

If the parties reach an impasse, meaning they are unable to reach an agreement on some or all of the issues, the case continues along its existing path, which may include further negotiation, additional court proceedings, or trial. An impasse does not mean the mediation was unsuccessful. The parties may still have clarified issues, exchanged perspectives, or narrowed the matters that remain to be resolved.

Mediation communications are confidential and protected from use in subsequent proceedings, subject to applicable law and limited exceptions. An impasse does not determine the outcome of the case or prevent either party from continuing to pursue their legal position.

Question 12

Where does mediation take place?

Accepted Answer

Danielle primarily conducts sessions by secure video, so she can serve clients anywhere in Florida.

In-person mediation is available within the Fifth Judicial Circuit by arrangement.

Hybrid arrangements are also possible.

Question 13

Who needs to attend the mediation?

Accepted Answer

Florida rules require that each party — or a representative with full settlement authority — attend.

The key requirement is having someone present who can make binding decisions, not whether anyone appears in person.

Attendance may be in person or by video, depending on the type of case and the court's order. Insurance adjusters, corporate representatives, and out-of-state attorneys commonly appear by video.

Question 14

What are my rights and responsibilities during mediation?

Accepted Answer

Mediation is guided by the fundamental principle of party self-determination. Understanding your rights and responsibilities helps ensure a fair, productive, and respectful process for everyone involved.

**Your rights as a participant**

- **Control over the outcome:** Parties decide whether to settle, what terms to accept, and how to structure the resolution.
- **Confidentiality:** Statements, discussions, and settlement proposals made during mediation are confidential and protected under Florida law, subject to limited statutory exceptions.
- **Withdraw from the mediation procress:**  Either party has the right to walk away or stop the discussion at any point during the session.
- **Independent advice:** Parties have the right to seek, obtain, and consult with legal counsel at any time point during the mediation process.

**Your responsibilities as a participant**

- **Settlement authority:** You (or a designated representative) must have the full authority necessary to negotiate and enter into a binding agreement.
- **Relevant information:** Bring any key documents, records, or financial information needed to discuss the dispute.
- **Civil and active participation:** Allow each person the opportunity to speak without interruption, treat participants with courtesy, and approach the session with an open mind to explore realistic options.
- **Respecting confidentiality:** Uphold the confidential nature of the process by keeping all mediation communications strictly private.

Question 15

Is mediation confidential?

Accepted Answer

Yes. Mediation is designed to provide a confidential setting where everyone can speak openly, explore options, and work toward resolution without the same concerns that may apply to discussions in court.

In general, communications made during mediation are confidential and privileged under Florida law.

This allows the parties to discuss their concerns, consider proposals, and explore possible solutions without those mediation communications being used as evidence in a later proceeding, subject to limited exceptions provided by law.

Florida's Mediation Confidentiality and Privilege Act, found in Chapter 44 of the Florida Statutes, establishes the protections that apply to mediation communications.

Question 16

Will the mediator decide who is right?

Accepted Answer

No. The mediator is a neutral facilitator, not a judge.

She will not assign blame, render an opinion on the merits, or pressure anyone into a particular outcome.

Her role is to manage the conversation, surface options, and help the parties reach an agreement they can both live with.

Question 17

What family matters can be mediated?

Accepted Answer

Family mediation can address divorce, equitable distribution of assets and debts, alimony, child support, parenting plans and time-sharing, relocation, paternity, and post-judgment modifications.

Most contested issues that arise in dissolution proceedings can also be brought to mediation.

Question 18

Can mediation work in a high-conflict divorce?

Accepted Answer

Often, yes. Mediation provides a structured setting for working through difficult issues, even when emotions and conflict are high. A trained mediator helps separate the emotional aspects of the separation from the decisions that need to be made, keep the discussion focused, and address one issue at a time.

When children are involved, the discussion can remain centered on their needs and best interests while the parents work through difficult parenting decisions. The mediator also helps parties consider the legal and practical realities of their situation, along with what is important to them and what may realistically work for their family.

The goal is not simply to reach an agreement, but to explore solutions that are realistic, obtainable, and sustainable—solutions the parties can understand, accept, and carry forward after mediation.

Question 19

What if there has been domestic violence?

Accepted Answer

Mediation is intended to be a respectful and safe process.

If there are concerns related to safety, intimidation, domestic violence, or high conflict, raise them before the session is scheduled.

If at any time a party feels uncomfortable, overwhelmed, or unable to continue, please let Danielle know. The process can be adjusted as needed — including taking breaks, using separate rooms (shuttle mediation), meeting virtually, or modifying how information is shared — so everyone can participate comfortably and effectively.

Florida law also provides for opting out of mediation in certain domestic-violence cases.

Question 20

Can we mediate before a lawsuit is filed?

Accepted Answer

Absolutely.

Pre-suit mediation is often the most cost-effective option — it preserves business relationships, avoids public court filings, and can resolve a dispute in a single session for a fraction of what litigation would cost.

Question 21

What civil disputes are well-suited to mediation?

Accepted Answer

Breach of contract, business and partnership disputes, real estate and HOA matters, construction defects, employment claims, probate and trust disagreements, landlord-tenant issues, and personal injury claims, among others.

Question 22

Understanding Mediation Fees

Accepted Answer

Mediation is offered at a flat rate in half-day sessions of up to four hours or full-day sessions of up to eight hours. All mediation sessions include administrative time for scheduling and communication. There are no separate administrative fees or add-ons.

**Half-Day Session (up to 4 hours): $450**

**Full-Day Session (up to 8 hours): $800** — A discounted rate for reserving the full day in advance.

For court-ordered cases, the notice of scheduling and mediator report (outcome form) are submitted as required. When appropriate — including pro se matters and cases where counsel agrees — a written agreement may be drafted, reviewed, and signed within the allotted session time.

To get started, complete the brief online inquiry form on the Contact page. Danielle personally reviews each inquiry and follows up to discuss next steps and confirm whether you'd like to move forward with scheduling.

Once the parties choose to proceed, they receive an Agreement to Mediate and Fee Notice outlining the applicable rate and payment terms.

Question 23

Extended Time Options

Accepted Answer

Mediation sessions are scheduled at flat rates for half-day (up to 4 hours) or full-day (up to 8 hours) blocks. If additional time is needed beyond the scheduled block, extended time may be available depending on the mediator's schedule and is billed separately.

Question 24

Payment Process

Accepted Answer

Payment is required prior to the mediation session. Mediation fees are separate from attorney fees and are paid directly to the mediator by the parties participating in the mediation. Unless otherwise agreed by the parties or ordered by the court, the mediation fee is divided equally between the parties.

Question 25

Cancellation and Rescheduling policy

Accepted Answer

As an independent mediation practice, time is reserved specifically for each scheduled mediation. When a mediation is canceled or postponed, it may not be possible to fill that time with another appointment.

For this reason, cancellations and requests to reschedule must be submitted in writing by email. Applicable notice requirements and any cancellation fees will be outlined in the Agreement to Mediate and may depend on when the mediation is scheduled and when the cancellation or rescheduling occurs.

These terms will be provided to the parties before mediation is confirmed.

Question 26

Scheduling Availability

Accepted Answer

Most matters can be scheduled within two weeks of intake. Urgent or court-deadline-driven cases can often be accommodated more quickly.

Question 27

Service Area

Accepted Answer

Danielle primarily conducts sessions by secure video, so she can serve clients anywhere in Florida.

In-person mediation is available within the Fifth Judicial Circuit by arrangement.

Answers, before you ever pick up the phone.

Mediation Basics

The Mediation Process

What to Expect

Confidentiality & Neutrality

Family & Civil Mediation

Fees & Scheduling

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