MEDIATION

If the court orders you to attend mediation, you should contact a mediator right away to schedule the mediation. Per the court order, parties have a certain number of days to complete the mediation. When you call to schedule the mediation, make certain to inform the mediator of any pending Domestic Violence Injunctions involving you or the other party.

What is Mediation?

The mediation process allows parties to come to an agreement on contended issues and resolve any disputes within their case in a more cost effective and productive way. If the parties cannot agree on one or more issues, this is a mandatory step to be completed before a judge will sign off on a family law judgment in Florida.

Family mediation in Florida is the process of addressing and resolving divorce or paternity issues with the assistance of an unbiased mediator. This individual is to remain completely impartial throughout the mediation process and may not provide legal advice or counseling to either party.

This strategy is designed to aid in ensuring a smooth transition with marital assets and liabilities, if any, and protecting the well-being of any children involved. Additionally, mediation can help parties avoid a drawn-out and costly litigation process.

The mediator is not responsible for making decisions for the parties, but for assisting both parties as they discuss family law disputes. The mediator’s main goal is to help the couple reach mutually acceptable resolutions by helping both parties stay on track, clarifying disagreements and agreements, and providing guidance when coming up with solutions.

Mediation Provides…

• An opportunity to air and work through grievances and disagreements
• A chance to reduce trauma for children involved in timesharing (formerly “custody”) disputes
• Assistance with overcoming obstacles in communication
• A confidential setting to work through issues
• A smoother process at a lesser cost
• A flexible alternative to traditional litigation

Why Mediation?

Mediation is often preferable to litigation as it can save both parties a lot of time, energy, and money. It gives couples a chance to resolve their disputes between themselves as opposed to a judge providing solutions for them. Mediation can help couples achieve resolutions that benefit both parties while litigation often leaves at least one party, if not both, feeling like they have lost.

This process is often much more affordable, private, and efficient than litigation proceedings. Mediation allows the parties to take charge of how their dispute is settled and create a plan for the future of their family.

The number of sessions it takes to finalize the process varies for each situation, but the end goal for many involved in family mediation is to prepare a parenting agreement that can be presented to the court for approval. While this process may not be without difficult moments, mediation can prove to be less painful and leave both parents feeling more satisfied with the results moving forward.

1. Cost
   Mediation costs less than hiring multiple attorneys, accountants, and other professionals. Parties split the cost of one unbiased mediator, resulting in a more financially resourceful agreement.
2. Build on the Positive
   Mediating instead of litigating gives you the opportunity to build a positive future as you move forward with your lives in different directions, instead of a negative one. By conserving financial resources and viewing your separation from the perspective of a team instead of as adversaries, all parties can maintain their mental, emotional and physical health and move into the future in a positive way.
3. Control
   Litigation leaves you in a position where attorneys and judges make the important long-lasting decisions that affect you and your family. Don’t surrender your power of choice and the control over your future. A professional mediator can help you design your own arrangements for the future that make the most sense for your own situation.
4. It’s Easier on the Family
   The break down of the family is emotionally debilitating Litigation encourages both parties to act as enemies, making the loss of relationship even more traumatic. Independent, unbiased mediators instead foster a collaborative relationship that allows both parties to consider their own needs, each others’ future needs and the children’s needs in devising a plan that makes sense for everyone without breaking the bank, or further damaging emotional health.
5. Easier on the Children
   Litigation is adversarial and creates “sides” to be taken and children can get caught in the crossfire. Transition into this new phase of life as peacefully as possible by allowing a professional mediator to assist you in devising a long-term “parenting plan”, rather than having custody arrangements dictated by a court. Demonstrate to your children that even though Mom and Dad will be living separately, they will still be Mom and Dad, and will both continue to take an active role in continuing to parent and protect them.
6. Confidentiality
   Everything said and done in mediation sessions is completely confidential. In the event that not all issues are resolved in mediation and litigation becomes necessary, the details do not proceed to the courtroom. Litigation is public record. Keep your life private.
7. Legal Information
   Mediators, though not attorneys, focus on the best interests of both parties rather than legal rights. They are certified and knowledgeable about family law but concentrate on reaching mutually beneficial agreements.
8. You Can Still Go to Court
   Mediation is a tool for peacefully resolving issues, and unresolved matters can still go to court. The focus is on collective best interests, and decisions made by the parties are presented to a judge for approval.

Topics for Mediation

During mediation parties work on an agreement of issues including:

Division of Assets & Debts – What is a fair and equitable distribution of the assets required and debts incurred during the marriage?  Who will get what? Who will pay for what?

Alimony – Will either party seek permanent alimony, lump sum alimony, or rehabilitative alimony for a specified time? 

Shared Parenting Plan – If children were born or adopted during the marriage, what is an agreeable shared parenting plan?

1. What will be the arrangements and schedule for timesharing with the children?
2. How much child support will be paid? Will it be by agreement between parties or per Florida Statute?
3. How much life and/or health insurance for the children will be provided by either or both parents?
4. Who will pay for uncovered medical and/or dental expenses?
5. How will future education costs be shared or provided?

Other Entitlements – Are there any other entitlements, such as retirement earnings, to be considered or divided? 

How does Mediation work?

The first thing to understand about the mediation process is that the mediator does not represent either party. Rather, the mediator is neutral and unbiased, facilitating discussion and making suggestions, all with an eye toward helping the parties reach an agreement. When mediating a family law matter, Michael will help you and the other party understand the other’s position and identify common goals and concerns. By developing a respect for and understanding of the other party’s position, it becomes possible to work through the family-related issues for the mutual good of the parties and their children, if any.

In a confidential setting, the mediator helps each party to communicate what is important to him or her and to hear what is important to the other party. With help from the mediator, the parties:

• identify the issues that need to be resolved;
• prioritize the issues and focus on one at a time;
• explore all settlement options;
• come to agreement about parenting plans, financials, and other important issues;
• have a draft prepared of their emerging agreement; and
• review, revise, and prepare the agreement for signing.

Mediations typically only take one day, as opposed to months or years of litigation. That usually means lots of money saved in attorney’s fees. Because mediation is informal and non-adversarial, it promotes an atmosphere of cooperation and is an efficient way to resolve the conflict.

If the mediation session results in a mediated settlement agreement, it will be filed with your case and copies provided to each party. You will then need to file a request for hearing to get a hearing date set, or further instructions to proceed with your case.

If mediation is not working, it may not be a complete failure

If the parties aren’t able to finalize every detail, it’s possible that some matters were resolved and some decisions reached. This can be a positive step towards a final agreement, even if the parties find themselves going to trial to work out the issues left to be resolved. Fewer agreements left to work out in court can potentially mean a speedier trial.

In a situation where mediation is proving to be unsuccessful, you may want to address this concern during one of your sessions. If you do intend to take your case to trial, find a family law attorney in your area who can assist you in bringing your case to court.

Family mediation isn’t a one-size-fits-all solution to settling all family law disputes, but it can provide a number of benefits to those who enter the process. Even if you can’t make it work completely, mediation can hopefully lead to some agreements and a shorter, less painful separation process.

Choosing a Mediator:

Whether you are going through a divorce, a custody battle, or any other family law matter, it is never easy. These are highly sensitive cases. Emotions can run high. At the same time, few people want to end up in a nasty or difficult fight. Mediation is a form of alternative dispute resolution that offers a potential path to a mutually agreeable solution that limits conflict and preserves relationships.

Successful mediation requires the right mediator. You need to know how to find a qualified family mediator who has the professional skills, knowledge, and temperament to effectively facilitate settlement discussions. In this article, you will find an overview of the key things to know about selecting the right family law mediator.

What is the Role of a Mediator?

Under Florida law (Florida Statutes § 44.1011), a mediator is defined as a neutral third party who works to “encourage and facilitate the resolution of a dispute between two or more parties.” A mediator does not have the authority to render a final decision. Instead, the mediator’s job is to assist and guide the parties to their own settlement. Mediation can be effective in family disputes as the parties often share many mutual interests.

Four Tips to Choose the Right Mediator for Your Family Dispute

Mediation is a non-binding form of alternative dispute resolution. When parties can reach a reasonable agreement through mediation it can often save time, money, and hurt feelings. The right mediator can go a long way towards helping you resolve a challenging family law matter. Here are four tips to keep in mind when selecting a mediator in Florida:

1. Great Communicator: Communication is the key to effective mediation. Always look for a mediator who puts an emphasis on open and positive communication.
2. A Focus on the Details: Every divorce, custody dispute, or family case is different. Each party has its own unique set of interests and concerns. A great family mediator will take the time to dig down on the small details to truly understand the issue and handle things the right way.
3. The Right Personality Fit: With mediation, fit matters. A mediator who can work well with your family member or counterparty can help you move towards an understanding.
4. Comprehensive Family Law Knowledge: A great mediator in a business law dispute may not have the skills to mediate in a family law case. Comprehensive family law knowledge can make a big difference. A mediator can even draft a written proposal for your agreement.

Michael provides neutral, impartial, and solutions-driven facilitation in divorce and other family law matters. Michael charges $300 dollars an hour with a minimum of 2 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.