Presuit Resolution · Two of Five Paths
Resolve it before anything is filed.
Most of what costs the most in a Florida divorce happens after the petition is filed. Two engagements at Carolan Family Law are built to settle the matter before it ever gets there: Presuit Negotiation, where I represent one party against the other side, and Presuit Mediation, where I serve as a neutral for both. Both flat fee. Both advisory only. Both end before the courthouse.
Both engagements begin with one 60-minute consultation · Flat fee $695 · Monthly intake is capped · Credit toward the engagement signed within 48 hours
Miami-Dade · Broward · Florida Statewide Online · EN · ES
Why presuit work exists
Florida law strongly favors the finality of agreements reached before a case is filed. Spouses can resolve property, support, parenting, and timing entirely by agreement, then file the divorce as uncontested. That path is faster, cheaper, less damaging to children, and more durable than anything a contested case produces.
The catch is the work has to actually get done. Most people skip presuit resolution because nobody is selling it. Litigators are paid to litigate. Mediators wait until the court orders mediation. The presuit window, the period where you still hold every option, usually closes without anyone using it.
Carolan Family Law sells two engagements built specifically for that window.
Monthly intake is capped
Both Presuit Negotiation and Presuit Mediation require concentrated time during a defined engagement window, so I limit how many of each I take per month. The cap exists so that once you book, the matter gets the attention it needs to actually close before filing.
If the slots are full at the moment you book, I will tell you at the consultation and we will discuss when the next opening is, or whether a different engagement fits in the meantime.
Engagement 1 · Presuit Negotiation
What it is
I represent one party, typically you, in a pre-filing negotiation against the other side. Your advocate at the table. I do not appear in court, do not file anything, and do not become counsel of record. The engagement runs from the moment you retain me through either a signed pre-filing agreement or a clean decision to file.
If opposing counsel is involved, I negotiate with opposing counsel. If the other side is self-represented, I negotiate directly. The deliverable is a negotiated outcome and, where appropriate, a marital settlement agreement ready for either party to file uncontested.
Who Presuit Negotiation is for
- People who want a divorce to settle before it is filed and want experienced advocacy on their side of the table.
- People who are confident the matter can resolve by agreement but do not want to negotiate alone or with a litigator who is already pricing the case as if it will end in trial.
- People with complex assets, custody concerns, or strategic posture questions who want those handled in the presuit phase rather than mid-litigation.
- People who want flat-fee certainty for the negotiation work, not an hourly meter that runs every time a draft moves back and forth.
Who Presuit Negotiation is not for
- People who need a litigator of record. I do not appear at hearings, do not file motions, and do not handle emergency relief.
- People whose matter has already been filed and is in active litigation. The engagement is presuit by design.
- People hoping I will continue as counsel of record after a settlement. Once the agreement is signed, the engagement ends.
Fee
Flat fee $4,500 to $15,500, depending on the complexity of the matter and who the lawyer is on the other side, if any. Scoped and set in writing at the consultation. Custom packages can be discussed at the consultation for matters that need more.
Document preparation add-on: Where pleadings or filings are required to wrap the matter (such as preparation of an uncontested petition package), a flat $1,500 in addition to the engagement fee. Court filing fees are set by and paid directly to the Clerk of Court. Document preparation is only available once a settlement has been reached.
Automatic termination on litigation. Commencing litigation proceedings in the matter automatically terminates the Presuit Negotiation engagement. The practice is advisory only and does not handle contested filings. If the matter moves into litigation, you will need to retain a Florida litigator of record.
The $695 consultation fee credits in full toward the Presuit Negotiation engagement when you sign within 48 hours.
Engagement 2 · Presuit Mediation
What it is
I serve as a neutral mediator with both parties together in a 2-hour session. I do not represent either side. My role is to help both of you reach an agreement directly, with structure, in one defined block of time. The engagement is advisory only.
For Presuit Mediation to begin, both parties must attend the 60-minute consultation together. The consultation is where we confirm there is no conflict of interest, both parties understand my neutral role, and we agree on whether mediation is the right format for the matter. Without both parties present at the consultation, the engagement cannot move forward.
Who Presuit Mediation is for
- Couples who want to resolve their matter together, in one room, with a neutral attorney guiding the conversation.
- Couples already in substantial agreement who need help shaping the terms into a real agreement.
- Couples who want to settle quickly, in writing, before anything is filed.
- Couples who want a flat fee for the session rather than splitting a litigated outcome.
Who Presuit Mediation is not for
- Couples where one party is unwilling, coerced, or unsafe at the table. Mediation requires voluntary, informed participation from both.
- Couples where one party has retained me previously for any matter, or where any conflict of interest exists. I run a conflict check before the consultation is confirmed.
- Couples where the matter is already in litigation. Court-ordered mediation runs through a different process and is not the same engagement.
- Couples expecting me to advocate for one side. I am a neutral. I do not advise either party privately and I do not draft an agreement that favors one side over the other.
Fee
Flat fee $1,495 per 2-hour session, shared between both parties.
In my experience, most matters resolve within three sessions. The following packages are available, agreed in advance at the consultation:
- 1 session · $1,495
- 2-session package · $2,795 (save $195)
- 3-session package · $3,995 (save $490)
Additional sessions beyond a package, where the matter benefits from continued mediation, are available at $1,495 per 2-hour session.
The $695 consultation fee, shared between both parties, credits in full toward the first mediation session when both parties sign and pay within 48 hours.
Document preparation add-on: Where pleadings or filings are required to wrap the matter (such as preparation of an uncontested petition package), a flat $1,500 in addition to the session fee. Court filing fees are set by and paid directly to the Clerk of Court. Document preparation is only available once a settlement has been reached in mediation.
Automatic termination on litigation. Commencing litigation proceedings in the matter automatically terminates the Presuit Mediation engagement. The practice is advisory only and does not handle contested filings. If the matter moves into litigation, the parties will need to retain a Florida litigator of record.
Bilingual sessions, where the parties prefer different languages, run at the same flat rate. No language surcharge.
How the two differ
People ask which one fits. The short version:
- Presuit Negotiation = I am your advocate. I represent one side. The other side has their own counsel or speaks for themselves. We negotiate over time until the matter resolves or you decide to file.
- Presuit Mediation = I am a neutral. I represent no one. Both parties sit with me together in a defined session and we work toward a written agreement in real time.
You cannot have both for the same matter. The two roles conflict. If you retain me for Negotiation, I cannot later mediate the same matter. If we mediate, I cannot later represent either side in a related Negotiation.
We sort which engagement fits at the consultation.
How it works
- The 60-minute consultation. Both engagements begin at the consultation. For Presuit Negotiation, the consultation is with you alone. For Presuit Mediation, both parties must attend together. Flat fee $695. Credited in full toward the engagement if you sign within 48 hours.
- Engagement letter. Within one business day of the consultation, you receive a written engagement letter naming the scope, the flat fee, and the cancellation or completion terms. Once signed and the retainer is paid, the engagement begins.
- The work. For Negotiation, that is the back-and-forth toward a settled agreement. For Mediation, that is the scheduled 2-hour session.
- Outcome. A signed agreement, an uncontested filing package if pleadings are needed, or a clean decision to take a different path. The engagement ends at outcome.
Conflict-free, by design
Every other attorney engaging at this stage has a financial incentive to find problems they can solve by filing for you. Both presuit engagements are built so that incentive does not exist.
I do not litigate. I do not appear in court. I do not become counsel of record on any matter I have negotiated or mediated. Every fee is flat. I succeed when the matter resolves before filing, not when it drags into court.
That is what makes presuit work worth retaining for.
Common questions
Begin
Both engagements begin at the consultation.
For Presuit Mediation, both parties must attend the consultation together.
Miami-Dade based and Florida statewide · English & Spanish · Monthly intake is capped · The $695 consultation credits in full toward the engagement signed within 48 hours
Both Presuit Negotiation and Presuit Mediation are advisory engagements. Neither includes court appearances, counsel-of-record representation, or authorization to file pleadings or appear in your matter. Document preparation for an uncontested filing package is available as a flat-fee add-on; court filing fees are set by and paid directly to the Clerk of Court. An attorney-client relationship is established only by a separate signed engagement letter for the specific engagement. In Presuit Mediation, the attorney-mediator does not represent either party and does not provide legal advice to either party individually. Aliette Hernandez Carolan is licensed to practice law in Florida only.