Mediation - Frequently Asked Questions

---

In most cases, the cost of mediation is split by the parties 50/50. This can be negotiated during mediation, but in most cases, sharing the cost of mediation equally is the most equitable and favorable way to proceed. 

Danielle Pond is a Florida Supreme Court Certified Family Mediator, certificate #39929 F. She also holds an MA in Communications, and has completed Florida’s required family mediation training program, supervised mediation sessions, and she is currently working towards an MS in Marriage and Family Therapy which will be completed in September of 2023. However, she is not an attorney and cannot offer legal advice. And mediation services do not constitute therapy in any way. 

Virtual mediation via Zoom is $125/hour/party ($250/hour total). There is a 2-hour minimum on any booking + $100 administration fee. We will take your credit card information by phone to pay at the end of the session. Most clients prefer virtual mediation because it's more convenient and you can be in a setting where you are comfortable and avoid any interaction with the other party. 

If you just need to mediate specific pieces of your divorce or co-parenting agreement, two hours may suffice. However, if you need to debate your entire divorce settlement and handle financial and co-parenting issues, we recommend booking at least 4-6 hours. Mediation can also be broken up into more than one day. We round up billing time to the nearest half-hour, so if you book 2 hours and your session actually takes 2 hours and 45-minutes, you’ll pay for 3-hours total. 

For pro se clients we collect a $125 deposit upfront (from both parties to equal your first hour of mediation $250) to hold your mediation session date/time, and the remainder will be collected at the end of the mediation. This deposit goes toward your mediation session fee. All clients may pay via Venmo or call Danielle at 904-209-9382 to pay by phone with a credit or debit card (Visa, Mastercard, American Express, Discover). As mediation is typically split, each party should be prepared to pay for their half of the mediation at the end of the session with a credit or debit card. 

The fee is inclusive of the face-to-face time we spend together (virtually) and the document preparation if it can be completed during the session. If you both agree to the terms of your settlement during mediation, once that portion of the session is concluded and my obligation as your neutral mediator is finished, I can assist you in completing the required documents and family law forms you'll need to file your case so at the end you'll be all done!  For pro se cases, we may charge 1-4 additional hours for the preparation of the Mediated Settlement Agreement (MSA) if it is longer or more complicated than usual and requires extra time. This will be billed after mediation and must be paid in full before the Mediated Settlement Agreement and other filing forms are delivered. In most cases, however, the settlement and other filing forms will be finished and delivered the same day as your session. 

Mediation can be rescheduled up to 48-hours in advance without penalty. If either party does not reach out to reschedule the mediation in time, both parties will forfeit the $125 upfront deposit. If either party does not show up to mediation as scheduled, only that party will forfeit their deposit and will have to pay it again to rebook the session. Each party in a mediation session must pay a separate $125 deposit to ensure equal responsibility and participation. There is a two-hour minimum to book any mediation session. All mediations include an additional $100 administration fee.  

No. You can absolutely file an uncontested divorce or modification action on your own with a mediated settlement. However, there are some caveats to consider. As a Certified Family Mediator, Danielle Pond is not an attorney and is not allowed to give any legal, financial, or other advice. So, you should still consider your situation and if an attorney to represent you at mediation may be in your best interests. Please review the Terms of Service page carefully if you are considering not using an attorney. 

You should ONLY bring yourself and your attorney to mediation. Please, do not bring your new significant other, children, parents, siblings, friends, or anyone else. This is a difficult process, and additional emotions and opinions only exacerbate the situation. Also, both parties must agree to anyone other than the other party being in mediation with them by law, so consider this strongly before you bring anyone else with you. 

Do have your attorney present if you have retained council. If you are going pro se (representing yourself), please review the Terms of Service page carefully, as representing yourself comes with additional risk and personal liability. Please review the Pro Se Help page for more information on mediating without an attorney. 

Download: Preparing for Mediation Checklist | Required Information to File Dissolution of Marriage 

If you or the other party has a hearing, speech, vision, or other disability that requires special consideration, please notify us at the time of booking so that accommodations can be set up in advance. 

1. Per Florida law, both parties must be sober and of sound mind to participate in mediation. If a party shows up intoxicated and/or mentally unable to participate, they will forfeit their deposit and will have to pay it again to rebook. 
2. Threats, intimidation, or angry outbursts will stop the mediation session and end it immediately, leaving you with no resolution and no refund. 
3. Name-calling or other inappropriate/disagreeable/hostile behavior toward the mediator, other party, or either attorney will end the session.
4. Payment is still due in full at the conclusion of mediation whether a settlement (full or partial) was reached or not. It is up to you to come to the negotiating table in good faith and willing to compromise on some issues. 
5. Refunds are not available for mediation once booked. The session must be completed within 6-months of the initial booking or the booking deposit is forfeited. 
6. Florida Rule 10.420 on mediation conduct further dictates that: 

• We will adjourn or terminate any mediation which, if continued, would result in unreasonable emotional or monetary costs to the parties.
• We will adjourn or terminate the mediation if we believe the case is unsuitable for mediation or any party is unable or unwilling to participate meaningfully in the process.
• We will terminate a mediation entailing fraud, duress, the absence of bargaining ability, or unconscionability.
• We will terminate any mediation if the physical safety of any person is endangered by the continuation of mediation or if a threat of abuse  or retaliation after mediation is possible. 
• Mediation communications are held under strict confidentiality laws unless either party discloses that they are planning to or have already committed a crime per Florida Statue 44.405, in which case the mediator is legally obligated to report it. 

We hold mediation sessions virtually via Zoom video conferencing software. Learn more about virtual mediation sessions below. 

• Virtual mediation is approved by all Florida courts and is a very popular and convenient option. We conduct virtual mediation via Zoom video conferencing software. 

• You must DOWNLOAD ZOOM https://zoom.us/download prior to your virtual mediation so you can login to the secure session. You do not need to create or purchase an account.

• Joining a Zoom meeting is as simple as clicking the custom meeting link you will be sent via email before the session. 

• Within the Zoom session, you and your attorney will be separated into a private ‘breakout room’ together, so that you can work together privately and so that the other party cannot hear or see you. 

• All virtual mediation sessions are still confidential and private, and sessions are never recorded. 

• We recommend finding a quiet/private place, with your attorney (maybe at his/her office) or from your home, with strong internet access to do your Zoom mediation session. 

Please email Danielle@PondFamilyMediation.com if you run into any technical difficulties. Most attorneys are very familiar with Zoom now also, so your attorney should also be able to assist you. 

Great! Settling out of court is the ideal situation and our goal. If the parties reach an agreement on all issues, you or your attorney(s) can file a Mediated Marital Settlement Agreement along with the required family law forms to file the case uncontested. If you both agree to the terms of your settlement during mediation, once that portion of the session is concluded and my obligation as your neutral meditor is finished, I can assist you in completing the required documents and family law forms you'll need to file your case so at the end you'll be all done!  

• If the court orders you to attend mediation, you will receive an Order of Referral to Mediation in the mail or by e-mail depending on how you’ve elected to receive notifications. Please provide this Order when requesting your mediation session so we can file a Notice of Mediation on your behalf to notify the court you are complying with the Order. 

• Review the Order of Referral carefully. It may order you to use a specific mediator or give you the option to choose one. If the court automatically assigned you a mediator, you can often file an appeal to request an alternate designation of an outside mediator if both parties agree. The court wants your mediation efforts to succeed, and they do not care if you use their mediators or an outside professional as long as they are certified. 

• If you decide to use the family court’s mediator, you are usually limited to a certain amount of time (2-hours) which makes settling an entire divorce very challenging. Also, they usually do not have mental health experience or a family therapy background, so they cannot help navigate disagreements that go deeper than the surface issues. That’s the advantage of working with Pond Family Mediation. Mrs. Pond's background in family therapy gives you a unique advantage to uncover the real motiviation behind specific demands so that peaceful resolutions can be reached. 

• If you decide to get a more experienced family-focused mediator to help you, we would be happy to provide a brief case review by phone so you can determine if you’d like to work with Pond Family Mediation and if your case is a good fit for mediation. 

• Using a private mediator may cost more than the court-appointed mediator. But, the ability to resolve more or all of the issues at hand may save you thousands of dollars by avoiding trial proceedings. So, it's an investment that really pays you back in savings. 

After booking your mediation date/time, the following steps will occur: 

• You will receive an informational email from Pond Family Mediation with the forms you'll need to prep ahead of mediation to resolve your case. Full financial disclosure and a complete Financial Affidavit are required in most cases. 
• You will receive a calendar invite email from Calendly confirming your session date/time and providing your Zoom login information. 
• Both parties have to eSign a Letter of Engagement and a Mediation Release form that will be emailed to each party via DocuSign. 
• You will need to call Danielle at 904-209-9382 to pay your deposits to hold your session date. 
• Please notify us in advance if there are any restraining orders or interpersonal violence issues to consider in this case. 

Absolutely. Family mediation is helpful for any family-related disputes including pre and post divorce issues such as contempt charges, modification of time sharing and/or child support, adoption. pre or postnuptial agreements, etc. 

This is a very common concern. And yes, you can and should use mediation to create a time-sharing plan for your children and equitably settle any shared assets or property, even if you were never married. This protects both of your rights to fair time with your shared children. Watch a short video about this topic now. 

Yes! We do offer evening and weekend mediation or consultation appointments upon request. Please email your request to Danielle@PondFamilyMediation.com. We know that schedules are very busy so finding the time away from work for mediation can be stressful. We work to mitigate these concerns by offering flexible appointment times and virtual mediation. 

Yes. It is common for family mediators to deal with a variety of family issues including child/parent disputes, in-law disputes, grandparent issues, and more. Mediation is always a great tool to cool tempers and come up with workable solutions. We are also LGBTQ friendly!