FLORIDA SUPREME COURT CERTIFIED FAMILY MEDIATOR

Family Law Mediation for High-Conflict Custody Disputes

Dr. Kristin Tolbert combines Florida Supreme Court mediation certification with 15+ years of forensic psychology expertise to help families resolve custody disputes without litigation. Neutral, confidential facilitation designed for complex family dynamics.

Request Mediation Consultation Call 561-429-2140

Important: As a mediator, Dr. Tolbert serves as a neutral facilitator. Mediation does not create a psychotherapist-patient relationship, and Dr. Tolbert does not provide therapy, legal advice, or make custody decisions during mediation.

Why Choose Mediation Over Litigation?

Resolving custody disputes outside the courtroom offers significant advantages for families

Control Your Outcome

In mediation, parents retain decision-making power rather than leaving outcomes to a judge who meets your family for just hours. You know your children best—mediation empowers you to craft parenting arrangements that reflect your family's unique needs.

Preserve Privacy

Mediation is confidential. Unlike court proceedings that become public record, mediation discussions remain private, protecting your family's sensitive matters from public exposure and preserving relationships for co-parenting.

Save Time & Resources

Litigation can take months or years and cost tens of thousands in legal fees. Mediation typically resolves in weeks at a fraction of the cost, allowing families to move forward faster with resources preserved for children's needs.

The Forensic Psychology + Mediation Advantage

Unique expertise combining forensic psychology with certified mediation training

Understanding High-Conflict Dynamics

Dr. Tolbert's 15+ years working with high-conflict custody cases means she understands the psychological patterns that derail negotiations—narcissistic behaviors, power imbalances, communication breakdowns, and parental alienation dynamics—and knows how to facilitate productive dialogue even in difficult circumstances.

Child-Focused Resolution

As a child custody psychology specialist, Dr. Tolbert helps parents center discussions on children's developmental needs, attachment patterns, and best interests rather than focusing solely on parental grievances. This child-centered approach leads to more sustainable parenting agreements.

Neutral Facilitation

Dr. Tolbert remains strictly neutral throughout mediation. She does not advocate for either parent, provide therapy to participants, or make custody recommendations. Her role is to facilitate productive communication and help parents reach voluntary agreements they both support.

Florida Legal Framework

With extensive experience in Florida custody matters and Florida Statute §61.13 (Best Interests of the Child), Dr. Tolbert helps parents structure agreements aligned with Florida family law requirements, increasing the likelihood of court approval when agreements are submitted.

What to Expect in Mediation

A structured, confidential process designed to help families reach resolution

1. Initial Consultation

Begin with a brief consultation to discuss your case, the issues in dispute, and whether mediation is appropriate. Dr. Tolbert will explain the mediation process, answer questions, and schedule mediation sessions if both parties agree to proceed.

2. Mediation Sessions

Mediation sessions typically run 2-4 hours and may be conducted in-person or remotely via secure video conference. Sessions may include joint discussions with both parents or separate caucuses (private meetings) as needed to facilitate productive negotiation.

Dr. Tolbert guides discussions through custody, time-sharing, communication protocols, holidays, decision-making authority, and other family-specific issues requiring agreement.

3. Agreement Drafting

When agreements are reached, Dr. Tolbert prepares a Memorandum of Understanding summarizing the terms. This document is then provided to your attorneys (or drafted into a formal parenting plan by your attorney) for court filing. Mediation agreements are voluntary and non-binding until formalized by the court.

4. Attorney Involvement

Parents may have their attorneys present during mediation or consult with counsel privately between sessions. Attorney involvement is encouraged to ensure parents understand their legal rights and can make informed decisions. Dr. Tolbert does not provide legal advice—that remains the role of your attorney.

Issues Addressed Through Mediation

Comprehensive custody and parenting plan resolution

Parenting Time & Time-Sharing

  • Regular weekly schedule
  • Holiday and vacation time-sharing
  • Summer break arrangements
  • Transportation and exchange logistics

Parental Responsibility

  • Decision-making authority (education, medical, religious)
  • Communication protocols between parents
  • Information sharing procedures
  • Dispute resolution processes

Special Circumstances

  • Relocation requests
  • Introduction of new partners to children
  • Supervised or therapeutic time-sharing transitions
  • Modification of existing orders

Child-Centered Considerations

  • Age-appropriate time-sharing structures
  • Special needs accommodations
  • Extracurricular activities coordination
  • Therapy and mental health support planning

When Mediation May Not Be Appropriate

Mediation requires voluntary participation and good faith negotiation. It may not be suitable when:

  • Active domestic violence or abuse: Mediation cannot proceed safely when there is ongoing domestic violence, coercive control, or credible safety concerns. Victim safety always takes priority over mediation.
  • Severe power imbalances: When one parent is unable to advocate for themselves due to intimidation, fear, or psychological manipulation, the mediation process cannot function fairly.
  • Substance abuse or untreated mental health crises: Active addiction or acute mental health issues that impair a parent's judgment may prevent productive mediation until stabilized.
  • Child safety concerns: When there are credible allegations of child abuse or neglect requiring immediate protective intervention, court involvement may be necessary first.
  • Bad faith participation: Mediation cannot succeed when one party refuses to negotiate in good faith or uses mediation solely as a delay tactic.

Dr. Tolbert conducts a screening process before accepting mediation cases to ensure the process is safe and appropriate for both parties. If mediation is not suitable, she can provide referrals to appropriate resources and legal counsel.

Mediation FAQs

Do I need an attorney for mediation?

While not legally required, having an attorney is highly recommended. Attorneys ensure you understand your legal rights, review proposed agreements before you sign, and formalize mediated agreements into enforceable court orders. Many parents consult with their attorneys between mediation sessions or have counsel present during mediation.

Is mediation confidential?

Yes. Florida mediation law protects confidentiality. Communications made during mediation generally cannot be used in later court proceedings. Limited exceptions apply, including where both parties agree in writing to waive confidentiality or where there are concerns about safety requiring mandatory reporting.

What if we don't reach an agreement?

If mediation does not result in full agreement, any partial agreements reached can still be formalized, and unresolved issues return to the court process. Mediation does not prevent you from litigating—it simply provides an opportunity to resolve some or all issues outside the courtroom first.

Can Dr. Tolbert later serve as an expert witness in my case?

No. Once Dr. Tolbert serves as a mediator in your case, she cannot later serve as an expert witness, custody evaluator, or consultant for either party. This ethical boundary preserves the neutrality and confidentiality of the mediation process.

How long does mediation take?

Most family mediation cases resolve within 1-4 sessions depending on case complexity and the number of issues in dispute. Simple time-sharing modifications may resolve in a single session, while comprehensive parenting plans for high-conflict cases may require multiple sessions over several weeks.

Is mediation court-ordered or voluntary?

Dr. Tolbert accepts both court-ordered and voluntary mediation referrals. Florida courts often require mediation before trial in family law cases. Even when court-ordered, the mediation process itself remains voluntary—no one can be forced to reach an agreement, only to participate in good faith.

Ready to Explore Mediation?

Contact Dr. Tolbert to discuss whether mediation is appropriate for your family's situation. Initial consultations help determine if mediation can provide a path toward resolution.

Request Consultation Call 561-429-2140

Email DrTolbert@ChildCustodyConsulting.com

Phone 561-429-2140

Disclaimer: Dr. Tolbert is a Florida Supreme Court Certified Family Mediator and Florida Licensed Psychologist. As a mediator, she serves as a neutral facilitator and does not provide therapy, legal advice, custody recommendations, or legal representation. Mediation does not create a psychotherapist-patient relationship or an attorney-client relationship. Parents are encouraged to consult with independent legal counsel. Full Disclaimer