What is Family Law Mediation?
Divorce Attorney in Daytona Beach, FL – Carol Lee Peake - Daytona Family Lawyer – Port Orange, New Smyrna, Flagler, Ormond Beach, Deland, Palm Coast
Divorce is never easy, but it doesn’t have to be as messy as you think. Mediation can help reduce conflict and cost in your divorce in Florida, which should be music to everyone’s ears. Most all judges in Florida require you to attend mediation prior to going to trial. By resolving a dispute through mediation, you eliminate the uncertainty of relying on a judge’s decision in a trial. In a trial, the judge has the final say, and it's impossible to predict what their decision will be. Regardless of whether you agree with or approve of the trial outcome, you are legally bound by it. However, during mediation, the parties involved have the power to make decisions and reach a mutually agreed-upon resolution.
What Is Divorce Mediation?
A Florida divorce mediator is a trained professional who helps couples going through divorce in Florida to reach mutually acceptable agreements on issues such as property division, child custody, child support, and alimony. The mediator is a neutral third party who facilitates communication between the parties and helps them identify common ground and negotiate solutions. In Florida, divorce mediation is a court-ordered process for all contested divorce cases, and mediators must be certified by the Florida Supreme Court.
They can help to ensure the process stays peaceful and can ensure it’s easier to make actual progress on certain elements of the divorce where you and your spouse don’t agree. Most of the time, mediation will take place informally in an office setting or via Zoom. If you are working with an attorney, they are present with you at the mediation.
The Benefits Of Mediation
Why would you want to try mediation? You will find that mediation services can provide a range of potential benefits to both you and your spouse.
A Lower Cost
The first thing many people think about when it comes to the details of a divorce will be the cost. This process has the potential to be expensive. However, mediation can cut the cost substantially. The cost of a divorce could quickly balloon to well over $10,000 or $20,000. Mediators can help you to avoid many of those costs. The sooner you can reach agreements the more affordable the mediation will be. Also, since you and your spouse split the cost of mediation, it can bring the price down even further.
Quicker Settlements
A divorce that has to go through litigation can a long time to finish in the courts. Some can last well over a year. Most people don’t have that kind of time or energy to devote to a divorce. The more disagreements there are the longer the divorce is going to take. However, with mediation, the timeline tends to be much faster. When you go through mediation, it’s often possible to have things taken care of in a matter of a couple of months.
Maintain A Cordial Relationship
One of the problems of divorce is that things tend to get messy and mean when it drags on for a long time. It can be easy to start fighting and have an irreparable relationship, which is a huge problem when you are still co-parenting. Going to trial typically increases the animosity between the parties and is like pouring gasoline on a fire. Typically, you’re in separate rooms during mediation so that things don’t escalate like they are prone to at trial. This doesn’t mean that things won’t get emotional or that you won’t be angry, just mediation tends to keep those emotions in check.
Agreeable Solutions
When you agree to mediation, it means you are likely willing to compromise. You can negotiate and agree or disagree with the terms. You can work with your spouse, through the mediator, to find options that can work well for both of you. It is often easier to find ways to compromise when you have someone who can help you see the benefits. If you are able to reach an agreement during mediation, most of the time, that agreement will be drafted and signed there that day while you are at mediation.
It Is Confidential
One of the other benefits of going through mediation is that everything that happens will be confidential. This is true whether it is voluntary or ordered by the court. No one is allowed to disclose anything that was written or said during the process except for the signed and written agreements that is drafted. There are, of course, some other exceptions to this rule. For example, if there is potential abuse, court-appointed mediators are required to report it.
You Make the Decisions, Not the Court
Who do you feel will make better decisions about what should happen in your divorce, you, or the courts? If you can’t reach agreements in your case, you won’t have a choice. The judge will be the one that makes the final judgment. Mediation puts this power in the hands of you and your ex.
County Mediation vs. Private Mediation
With court ordered mediation, your only requirement is that you attend mediation. You are under no obligation to settle the case at mediation. There are two (2) types of mediation in Florida: County Mediation and Private Mediation.
While County Mediation is much cheaper than private mediation, Private Mediation is going to be me thorough and last longer which in turn gives a much greater chance of success in settling the case at mediation. I typically recommend private mediation wherever possible and finances permit. After all, if you are able to settle the case at mediation, it is money well spent and a great savings to you in that you will not be required to go to trial.
Choosing The Right Mediator
Mediation can be far more convenient than going through the courts to litigate your divorce. However, you need to be sure you handle mediation the right way. This starts with choosing the correct mediator for your divorce. The mediator needs to be someone that both you and your ex feel comfortable using. In some cases, attorneys are mediators. However, you have to keep in mind that your attorney can’t also be the mediator. You need a neutral third party. When choosing a mediator, make sure they have worked with cases similar to yours. Learn more about the processes they use and determine whether you feel they would be right for you and your spouse. Remember, you need to choose a mediator where both you and your spouse can agree.
Gather Your Information
Once you find a mediator you feel will be a good option, you need to gather all your essential information. This includes information about assets, properties, debts, retirement accounts, disagreements about children, etc. Make note of all the areas where you and your spouse disagree. These are going to be the points that come up in mediation. Be sure to make a list of any questions you might have, as well. If you have opted to work with an attorney, they can help you with this process. They can also help to ensure that you have all the documentation you may need.
What Happens After Mediation?
After divorce mediation in Florida, if an agreement is reached, the mediator will draft a written agreement, which is then presented to the court. If the court approves the agreement, it becomes part of the final divorce judgment. If the parties cannot reach an agreement in mediation, the case may proceed to trial. However, even if an agreement is not reached in mediation, the process can still be beneficial. Mediation can help parties to identify the issues that are preventing a resolution and can narrow the focus of the dispute. This can help parties to more efficiently and effectively prepare for trial. Additionally, even if the case proceeds to trial, some of the issues may be resolved, which can make the trial shorter and less expensive.
Get In Touch With An Attorney
When divorce is on the horizon, it’s a good idea to reach out to an experienced Daytona Beach family law attorney who can look at your situation from the perspective of someone who knows the laws in Florida and who has seen situations like your own. Please don't hesitate to contact us at the Law Office of Carol Lee Peake by dialing 386-868-4039. Our team can gather all the necessary information and offer you personalized guidance based on your specific situation.
If you are in need of a Divorce or Family Law Attorney, call the Law Office of Carol Lee Peake at (386) 868-4039 for a consultation.
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