Divorce arbitration involves a privately hired judge whose decisions are usually binding. Mediation agreements are enforceable.A mediated agreement allows you and the other person or party to reach flexible solutions to your dispute. Couples who are filing for divorce can opt for mediation or arbitration to resolve their issues as opposed to the courtroom. A divorce mediation agreement is a legally enforceable document in Florida. When finalized properly, it is not a non-binding settlement. Please keep in mind that starting the process requires agreement of all parties to arbitrate the fee dispute. You may now file your mediated agreement with the Clerk of Court, along with the other legal paperwork required to open a family case. What Is Arbitration? In arbitration, you and your spouse agree that you'll hire a private judge, called an arbitrator, to resolve the disputes in your divorce.