Your Divorce Mediation Questions — Answered
Find clarity on the PeacefulSplit® process, costs, and your path to a dignified resolution.
Clear Answers to Your Most Important Questions
Select a category below for clear answers to common questions about how mediation works, what it costs, and how family-related decisions are structured.
What is divorce mediation?
Divorce mediation is a voluntary, non-confrontational process in which you and your spouse work together to negotiate the issues necessary to file for divorce. The key aspect is that the couple is working together to create a mutually acceptable settlement. Mediation is most commonly held before a divorce case is filed in court, with the goal of ultimately pursuing an uncontested divorce.
What are the benefits of mediation?
Mediation offers a private, faster, and more affordable alternative to traditional litigation. It lets you maintain full control, protects your children from courtroom hostility, and promotes a peaceful transition. It significantly reduces the stress and legal costs typically associated with a contested divorce.
What is the PeacefulSplit® approach, and how does the process work?
Divorce mediation is a voluntary and peaceful process in which I help you negotiate all essential issues. We start with topics you agree on and gradually address more sensitive ones. You retain control over every decision; nothing is settled without both spouses’ consent. I then prepare the formal settlement agreement(s) for your uncontested filing.
What is Eric’s background and professional experience?
Eric B. Epstein is a Florida Supreme Court Certified Family Mediator, Licensed Attorney (NY & FL), and a Licensed Marriage and Family Therapist with over 30 years of experience. He earned a Finance degree from NYU Stern, a Law degree from Cardozo Law, and a Master’s in Therapy from Nova Southeastern.
How quickly can mediation be scheduled?
As a private mediator, I work for both of you. I make myself available to meet your schedules, including weekends. Let me know when you are both ready; I will be too. I am generally able to schedule within 1-2 weeks.
How long does the process take, and how long are the sessions?
The duration of the mediation process largely depends on you. Most couples I work with complete their first session within a few weeks, though those with busier schedules may take longer to schedule it.
I schedule sessions in 3-hour blocks. Based on my experience, 65% to 70% of cases are resolved in the first session, even when children are involved. Drawing on my background as an attorney, mediator, and psychotherapist, I help couples stay focused and avoid unnecessary distractions. Once we resolve the issues, I prepare the settlement agreement(s). The timeline depends on your responsiveness—some couples review quickly and request few changes, while others take more time. My priority is to be efficient and responsive and to prevent any delays in the mediation process. Court processing typically takes 4-6 weeks from filing to the final decree.
Where are sessions held, and do you work with couples throughout Florida?
I conduct sessions in my Coral Springs office or via Zoom. For video sessions, you can each log in remotely from different locations. This flexibility allows me to serve couples throughout Florida.
What types of documents do you prepare for us?
After the mediation session(s), I personally prepare either one or both of the following documents for you to submit with your uncontested divorce court forms: (i) Mediated Marital Settlement Agreement, which outlines how you will divide assets and debts; and (ii) Parenting Plan, which specifies how you will co-parent your children after the divorce, including visitation, parental responsibilities, and decisions about education and health. Child support will also be calculated. In a PeacefulSplit® mediation, the settlement documents I draft are tailored to your specific circumstances, relationship, children, needs, and preferences. I do not prepare the official financial affidavits or court filing forms.
Do we need to file for divorce immediately after mediation is complete?
No. The timing is at your discretion. The primary advantage of completing mediation now is certainty. You will have a signed, formal agreement that sets the terms for your future, even if you choose to wait before filing the court papers. The timing of when to file for divorce with the applicable Court is entirely at your discretion. Some couples file for divorce as soon as they have signed the final version of the settlement agreements I drafted for them. Others wait weeks or months before filing (e.g., until a child finishes the school year). Still others may wait even longer.
How do we finalize the divorce with the court after mediation is complete?
One benefit of private mediation is that it avoids involving the Court until the end of the divorce. In a safe, neutral setting, I help you negotiate all issues into a Mediated Marital Settlement Agreement. For minor children, I assist in creating a Parenting Plan.
Once you sign the agreements I provide, you will complete and file the court’s uncontested divorce forms. Most cases require a brief final hearing to approve the divorce, typically held via Zoom. The court process, from filing to final judgment of divorce, averages 4-8 weeks.
Do you file the divorce papers in Court?
As a Florida Supreme Court Certified Family Mediator, I am not permitted, nor do I consider it ethical for a mediator, to prepare, draft, or complete the actual divorce forms on your behalf. I do provide a generic sample set of forms that gives a general idea of how the forms may look when filled out.
Most couples I work with fill out divorce forms themselves, either on the Court’s website or at the courthouse. It’s mostly just filling in the blanks. The key step is checking the box confirming you’ve completed mediation, then submitting the Settlement Agreement(s) I drafted, signed, and notarized to the Court.
For couples who prefer not to complete the forms themselves, I can provide the name of a family law attorney. You can hire her after mediation to prepare ready-to-file divorce forms or to appear with you at the final hearing. As of March 1, 2024, her fees start at $499 and vary by service and county.
Overall, mediation is consistently more affordable than court proceedings with attorneys and is intended to encourage agreement between both parties, resulting in a less stressful experience than a contested divorce.
What Is the difference between 'Settlement' and 'Divorce' dates?
The ‘Settlement Date‘ is the date on which both spouses have signed and notarized the settlement agreement(s), thereby establishing a date certain when they can consider themselves “financially divorced.”
The ‘Divorce Date‘ is the date the Judge signs the Divorce Decree, at which point the couple is officially divorced.
What's the benefit of signing the settlement agreement now?
Completing the mediation process now provides the advantage of resolving and finalizing all divorce issues—such as finances and parenting—effective as of the ‘Settlement Date’, even if you don’t plan to file for divorce immediately.
By the ‘Settlement Date’, even if your divorce is finalized months later, you’ll have a formal agreement detailing the division of finances and the rules for parenting and spending time with your children.
In general, any assets or debts acquired after the ‘Settlement Date,’ regardless of the ‘Divorce Date,’ are the individual property or liability of that spouse only and are not considered marital property.
This is the biggest advantage of completing mediation now – Financial Certainty.
Example:
Divorce Date = May 12, 2026
Settlement Date = February 5, 2026
Divorce Based Upon Resolution Of All Financial Issues (division of Assets & Debts) as of February 5, 2026 — even though the divorce date is May 12, 2026.
Do we both need to be involved in the mediation?
Yes. Mediation is voluntary and requires the involvement and agreement of both parties. I only mediate when both spouses feel safe and comfortable being in the same room together. Of course, if we mediate via video conference, you can certainly be in a separate location from your spouse.
What if we hired lawyers?
PeacefulSplit® is designed specifically for couples who negotiate directly with one another, without attorney representation, during mediation sessions. You are always free to consult independent counsel outside of our sessions for legal advice. However, if either spouse retains an attorney to represent them directly in the proceedings, PeacefulSplit® mediation concludes. Should both parties choose to proceed unrepresented in the future, we can evaluate whether resuming mediation is appropriate.
Can we mediate if we have significant assets?
Yes. I have worked with couples whose marital estates included businesses, multiple properties, retirement accounts, investments, professional practices, and substantial debts.
Complex finances do not necessarily prevent successful mediation. What matters most is that both spouses provide complete financial information, participate honestly, and remain open to considering possible solutions. Either spouse may also consult an accountant, financial advisor, tax professional, appraiser, or independent attorney when specialized guidance would be helpful.
Can I change my mind?
Mediation is a voluntary process. My aim is to assist you in guiding and facilitating negotiations so you both can resolve all necessary issues to reach a settlement agreement. If, at any point before signing the settlement documents, you decide that mediation isn’t right for you, or you’re uncomfortable or choose to take a different path, the mediation ends. In that situation, you return to the starting point and may pursue all options as if you never engaged in mediation. There’s no risk in trying for a PeacefulSplit®, as it’s mostly risk-free—only my fee is at stake.
What happens if we don't settle all issues?
Mediation is not an all-or-nothing process. My goal is to help you resolve every issue, but sometimes a couple agrees on most matters while one or two disputes remain.
In that situation, the agreements already reached may still save considerable time, expense, and stress. The court can then decide any remaining issues. No one is expected to accept an agreement merely to conclude mediation.
Do you help couples anywhere in Florida?
Absolutely! Regardless of which of the 67 counties in Florida you reside in, I can help you peacefully resolve all of your divorce issues. Read more in the next FAQ about where and how I hold the mediation sessions.
Where are the mediation sessions held?
I facilitate mediation sessions either in person (Coral Springs) or via Zoom video. In the video sessions, each spouse can log in remotely from the same or different locations via phone or video. There is no difference in the quality of the mediation sessions whether held in person or via video or phone.
Are video sessions effective?
The short answer is YES!
My video mediation sessions are often more effective for some couples than in-person sessions for several key reasons:
- Safety and security in the comfort of your home.
- No pressure or discomfort from sitting beside your spouse.
- Flexibility in scheduling sessions without the need to account for travel time.
- Ability to take as many breaks as you feel are necessary or desired.
What makes you different from other mediators?
While many are mediators, Eric has personally mediated more than 800 divorces. A critical difference is the depth of the personalized settlement agreements. Unlike “boilerplate” documents, my agreements are each about 40 pages long. This level of customization provides clarity to the divorce settlement and reduces the likelihood of later court involvement due to misinterpretations or unresolved issues. Eric leverages this diverse background to understand each person’s perspective, ensuring your resolution is both mutually acceptable and emotionally respectful. Eric leverages this diverse background to understand each person’s perspective, ensuring your resolution is both mutually acceptable and emotionally respectful. Eric does not represent individuals in the divorce process. His focus is strictly on helping couples mediate their divorce-related issues, and he is dedicated to working in a peaceful, non-adversarial manner. I believe more can be accomplished by considering both sides of an issue and understanding each person’s reality, including their behavior and position. I am very patient and use my diverse education and training to meet my clients’ needs during this challenging time in their lives. I have dedicated my career, time, and energy to one goal: helping couples peacefully divorce!
Why should I choose your $2,500 flat fee over an hourly rate?
My $2,500 flat fee is designed to give you the one thing litigation cannot: total financial certainty. While traditional hourly billing can feel like a financial gamble with unpredictable costs, my flat-fee model lets you focus 100% on your future, not your legal bill. This predictability keeps us focused on reaching a fair agreement without the looming worry of rising costs. To learn more, please click: Benefits of Flat-Fee Blog.
What exactly is included in your mediation fee?
My fee is $2,500 and includes up to 10 hours of my time in mediation, as well as drafting your formal settlement documents—including the Marital Settlement Agreement and, if applicable, the Parenting Plan and Child Support Worksheets. I do not charge additional fees for our phone calls or emails.
Are there any hidden court or filing fees I should know about?
I want you to have no surprises. There are no hidden fees from me; my fee covers my professional services. The only other required costs are the Florida court filing fee ($409), paid directly to the Clerk of Court; expenses for obtaining and filing required transfer deeds and titles; QDROs; and, if applicable, the fee for the required parenting course.
How is the requirement to disclose financial information managed during mediation?
Unlike litigation, mediation involves voluntary, transparent disclosure of information. You may request any records you need to feel secure. You are not obliged to sign until you are completely satisfied with the information provided. Keep in mind that when filing with the court, a mandatory financial affidavit may be required. Click this link to read my detailed article explaining the process.
How do we fairly divide our property, debts, and retirement accounts?
I employ a structured method to help you identify and divide all marital property, including the house, bank accounts, and investment and retirement accounts, as well as debts. I guide the discussion to help you achieve an agreement that considers both of your needs and promotes long-term stability.
Is everything divided equally, 50-50?
The most powerful part of the mediation process is your ability to decide exactly how to allocate your assets and debts. For some couples, a simple 50-50 split works. For most couples I work with, 50-50 sounds good in theory, but it often doesn’t account for each spouse’s unique needs. I work with the couple on each issue to decide how it makes sense to them, not to anyone else. Your needs are always addressed. You are both free to negotiate an allocation of each asset or debt using any two percentages you choose – so long as they total 100%.
Is mediation effective in high-asset or complex financial situations?
Yes. Whether your situation involves business interests, multiple properties, or complex financial portfolios, I provide the structured environment and financial background (NYU Stern Finance) needed to address and resolve these issues effectively.
I Fear My Spouse Has Hidden Bank Accounts. Is Mediation Transparent?
Some spouses worry that their partner might hide financial information during mediation, which is understandable since private mediation is voluntary and doesn’t involve formal discovery. You can request any documents as a prerequisite for mediation. Both parties voluntarily disclose assets and debts beforehand.
During mediation, the division of specific bank accounts, debts, and general asset categories is discussed and agreed upon. For example, the Settlement Agreement might specify that a particular bank account is allocated in a certain way or that all bank accounts, regardless of whose name they are in, are considered joint property, shared 50-50%.
This type of language is designed to address the situation involving any “hidden” or “unknown” assets.
Another “safety net” built into the process is the Court’s general requirement that each spouse prepare and file a financial affidavit when filing for divorce. Each affidavit is sworn to under penalty of perjury.
How does the PeacefulSplit® process prioritize our children’s needs?
When children are involved, I keep their best interests central to the mediation process. I help parents address shared parental responsibility, decision-making, time-sharing, holidays, school breaks, child support, healthcare, education, extracurricular activities, and other issues affecting their children.
Mediation also enables parents to address practical concerns that standardized court forms may not fully anticipate, including private-school expenses, cell phones, vehicles, car insurance, travel, and future communication. The goal is to create a Parenting Plan that sets clear expectations for both parents and provides stability for their children.
Can mediation work if we are still angry?
Absolutely.
In fact, many couples begin mediation feeling hurt, frustrated, disappointed, or uncertain about the future.
Those emotions are completely normal.
My job isn’t to eliminate them.
My background as a Licensed Marriage and Family Therapist helps me to create an environment where productive conversations can happen despite them.
Many couples are surprised by how different a structured mediation discussion feels from conversations they’ve had at home.
Do you take sides? How is the process kept fair?
As a mediator, I uphold strict neutrality by avoiding taking sides or labeling either spouse as ‘wrong,’ ‘right,’ ‘unreasonable,’ or ‘unfair.’ I collaborate with the couple to support negotiations, always emphasizing that each spouse retains full decision-making power. I personally handle all mediation sessions directly, unlike others who might delegate the process to contractors or staff.
My goal is to ensure the mediation is smooth and safe and fosters trust.
My spouse called you first. What should I do?
Often, one spouse contacts me first to inquire about my mediation services. Please understand that regardless of who contacts me first, I do not advocate for either party or judge one spouse as better or worse than the other. I am impartial and take pride in my professionalism and neutrality. If you have any questions or concerns, or simply want more information, I am ready, willing, and able to speak with you as well. Please feel free to call, email, or text me anytime.
Can we use your services if we already have attorneys retained?
No. I intentionally work only with unrepresented couples during mediation because I find this better facilitates good-faith negotiations. If you are currently represented by counsel, I cannot communicate with you unless you choose to proceed without legal representation in the mediation.
If we agree to mediate, am I "stuck" if mediation doesn’t work?
No. The process is entirely voluntary. You are the ultimate decision-maker. If you feel mediation isn’t working, you are free to stop at any time before signing the final documents and to pursue other legal options.
How do you handle cultural differences?
I deeply value respect for each client’s background, culture, values, religion, ethnicity, sexual orientation, gender identity, country of origin, and other personal aspects. My work with diverse individuals has cultivated a strong sensitivity to their needs. I do not judge or compare your situation or beliefs to others; you are unique, and I honor you for who you are. Mediation involves creating a personalized process that meets the specific needs of each couple. From the initial contact, I prioritize this goal and welcome your input to address any particular needs you or your spouse may have.