Frequently Asked Questions

Can a mediator give legal advice?

While some mediators may have a legal background and others have backgrounds in other professional areas such as mental health, as mediators we are in a unique role that does not involve representing or advocating for either party—in essence, we are neutral to both parties.  Mediators can give you information about state laws and local court procedures and can tell you about other resources available, but we do not give legal advice. That is, we do not interpret statutes or advise about or recommend any specific legal action that would benefit either party over the other.

When is the best time to start mediation?

As soon as the parties agree to try to resolve their differences outside of court. It is best to try mediation before the litigation process creates too much mistrust between the parties and before the lawyers initiate expensive discovery processes. Mediation early on can save the parties thousands of dollars and minimize long-term distress.

Do mediators make lawyers irrelevant?

In family law matters, there is always a meaningful role for consulting attorneys. It is best for the parties to get any needed legal advice from their own separate lawyers before and/or during mediation. Many mediators recommend having your own respective attorneys review a proposed agreement before you sign it.

Is mediation always successful?

While no method of conflict resolution is always successful, the rates of success for mediation are better than those for litigation. This is partly because in mediation both parties “win”, whereas in litigation only one party “wins”. Success in mediation does require that both parties negotiate in good faith and want to resolve matters. For example, if someone would rather spend $50,000 punishing an ex-partner than keeping most of that money in the family for the children’s benefit, then mediation may not succeed. If the parties have unrealistic expectations and each is convinced that the judge will see everything as that party sees it, they may both need to experience one or two court hearings before they are ready to negotiate in earnest. Such exposure often teaches people that there is no guaranteed fairness or justice in family court. Mediation allows you to maintain control over the process.

If I already have an attorney, is it too late to try mediation?

Mediation is still available. You can keep or hire an attorney to give you advice and then do most of the negotiation work yourself at a much lower cost in mediation. You can even retain an attorney to represent you in court and still do much of the negotiating yourself, with help from a mediator. That can be better than paying two lawyers to negotiate with each other on behalf of the two parties. Many attorneys are happy to have their clients work with mediators to resolve most or all of the issues outside of court. 

What are the advantages of mediation?

• You will make the decisions.You, the individuals involved, are the ones who know your children and family best. You don’t have to leave it to a stranger in a courtroom to tell you how your family will work or how you will be raising your children.
• Mediation is much less expensive than fighting in court.
• Mediation is much less distressing than fighting in court.
• Mediation is much faster than working your way through the many complex steps of litigation.
• Mediation is not a new concept. Informally, it’s prevalent for people dealing with a dispute to turn to a neutral third-party for help in resolving it. In a more formal setting, mediation can be an excellent option for families facing significant transitions like divorce or separation.
• Family mediation is a popular form of alternative dispute resolution that is often used in the United States as a substitute for going to court to settle a divorce or paternity case or as a supplement to that process. Unlike a judge in a courtroom, a mediator is not there to make decisions for the parties. Their role is to assist the parties in coming to resolutions that work for each of them. Also, unlike attorneys, mediators do not take sides between the parties. They are there to assist both individuals mutually by maintaining a neutral stance.
• Whether parents are mandated to try mediation before heading to court, or they elected to try this process on their own, mediation can offer unique benefits to those taking part in it.

Do I Need an Attorney?

It is truly up to you as to whether you want to have your own attorney for mediation. The process itself can work without attorney involvement. After all, you and your ex-partner will be discussing the issues and getting input from the mediator. However, we often recommend that at the end of the process each party brings the settlement paperwork to his or her own lawyer for review.

What Happens During a Mediation Session?

Whether the parties have their own attorneys or not, the main idea behind mediation is for the parties to work through the problems themselves rather than resort to a judge. Depending on the level of conflict, you and your ex-partner may be in the same room together, or instead you might be more comfortable in separate rooms. If the latter, Michael will move back and forth communicating with each partner separately.

When Happens at the End of the Process?

If you and the other party reach an agreement on all or some of the issues, then Michael will draft a document that details the terms of your agreement. Again, we encourage parties to have the document reviewed by independent lawyers. Afterward, the document is filed with the court. The judge reviews it and then enters a judgment officially dissolving the marriage.

How Much Does Mediation Cost?

Michael provided neutral, impartial, and solutions-driven facilitation in divorce and other family law matters. Michael charges $300 an hour with a minimum of two hours for mediation. If you are looking for the right family mediator, we are here to help. Give us a phone call or reach out to us online to set up your mediation. We proudly serve communities throughout Florida.