Have you heard about mediation? If so, do you know what
mediation really means? According to Black’s Law Dictionary mediation is, “Intervention;
the act of a third person who interferes between two contending parties with a
view to reconcile them or persuade them to adjust or settle their dispute.”
Mediation can be used in several types of legal cases such as: personal injury,
breach of contract, real estate dispute, and family law issues. Marcie is a
certified Family Law mediator in the state of Florida, and integrates that
practice in to the services that she provides in addition to the three practice
areas in which she serves clients.
While mediation is a nationwide practice, here is what
you can expect during a family law mediation in the state of Florida.
-
Many Florida counties have mediation
offices at the courthouse, but there is also the option to conduct a private
mediation. Which route you go will be discussed between you and your attorney.
-
The parties in the case are separated into
different rooms during the mediation. This is called a “caucus.” The mediator
will travel between the two rooms to discuss thoughts, feelings, and options,
and the mediator will try to find them some sort of middle ground that benefits
both parties.
-
If both parties manage to resolve their
issues at mediation, then the mediator will prepare an agreement at the
conclusion of mediation for both parties to sign.
-
However, if both parties fail to reach an
agreement and the issues are not resolved, then the mediator will declare an
impasse and inform the court that the case has not been resolved.
-
Finally, it is important to know that
everything said at mediation is privileged. What is said in mediation cannot be
repeated outside of mediation.
PROS
1.) Mediation allows parties to resolve their issues more quickly, sometimes in a matter of hours. This is much faster than a regular divorce which can span anywhere from six months to several years.
2.) Mediation is much more peaceful than battling your divorce out in court.
3.) One of the best advantages of mediation is that you have complete control over the course of your case. Rather than going in front of a judge who makes a decision for both spouses, you instead have the option to discuss and compromise on what’s best for you without ever needing a judge to intervene.
CONS
1.) If couples are not willing to compromise and/or the divorce has been a contentious one, then these feelings of resentment will likely mean mediation is a waste of time since no compromise is likely to be reached.
2.) Many decisions, though not all, of mediation still require court approval. While this is generally not a problem, it is important to know that not every agreement made in mediation is enforceable.
3.) It is important to choose a mediator who is both well-trained and unbiased. While all have to go through the proper training, it is still important to choose one that is best for your case. Just as all divorce cases are different, so are mediators. That is why an experienced attorney can help select the best mediator for their client.
4.) Ultimately
the choice to mediate voluntarily is up to you. In Florida most courts mandate mediation, and
with very few exceptions, the parties must at least attempt to resolve their
issues through mediation. The process
has proven very successful. Your attorney can explain the process to you, as
well as help you evaluate all of your options based on the facts of your case.
Mediation is not for everyone, but it can never hurt to explore all of your
options, and hopefully resolve your case in the best way possible.
***The facts and opinions
in this blog are meant to be informative only and in no way constitute legal
advice. Should you have questions or want to learn more about mediation, please
fill out our contact form below to schedule a free consultation with Marcie.
Sources: https://www.donnahunglaw.com/pros-and-cons-of-mediation-in-a-florida-divorce/
https://www.floridadivorceme.com/expect-florida-family-law-mediation/
No comments:
Post a Comment