| Conjure up an image of divorce. The average person | | | | Judges rarely, if ever get involved at this stage. All of |
| visualizes people sitting in a courtroom, giving testimony, | | | | the documents, legal pleadings, notices, and forms, are |
| with a judge at a bench presiding over everything. But | | | | oriented toward the mediation process. If mediation is |
| the actual reality of most divorces is dramatically | | | | successful it is the final event in most divorces. |
| different. Forget high profile, exciting confrontations in | | | | In Florida, and in many states in the U.S., the process of |
| courtrooms that were built 50 years ago. Most of the | | | | mediation has become a mandatory step in a divorce. |
| time, one or both spouses will never see the inside of | | | | In the Mediation meeting each party, their attorney, and |
| a courtroom. More often that not, one spouse attends | | | | a neutral-unbiased mediator meet in a room. The |
| a short, 10 minute hearing. During the hearing a judge | | | | mediator's job is to negotiate an agreement that will |
| reviews a mediated settlement agreement, previously | | | | cover all divorce issues. If the parties come to an |
| negotiated by the parties. If everything looks proper, | | | | agreement, a contract is written by the mediator and |
| the judge signs off on the divorce. | | | | everyone signs the contract. At that moment in time |
| The vast majority of divorces in Florida are relatively | | | | the divorce is virtually over. The written agreement is |
| boring exchanges of paperwork and telephone calls, | | | | binding and all parties must obey the terms. The only |
| rather than exciting court action. The average divorce | | | | formality is to have a judge sign the final judgment. |
| case consists of tons of paperwork creation. The | | | | Mediation appears to work. Over 90% of divorce |
| mountain of paperwork is interrupted by long waiting | | | | cases settle by the time they get to mediation. Of the |
| periods. Those waiting periods allow the opposing | | | | 10% that do not settle by mediation, the majority settle |
| party time to create and send a similar pile of | | | | some time before final trial. The bottom line: only 1 out |
| paperwork. The legal action consists of repetitive | | | | of 100 divorce cases go through the colorful |
| paperwork, exchange of financial documents, | | | | confrontation in a courtroom that many people |
| punctuated by the occasional phone call. The process | | | | visualize or see on television. The vast majority, 99 out |
| rarely varies and the paperwork in each case is similar | | | | of 100 cases, never make it to court. There is no |
| if not the exact same. One spouse sends a petition, | | | | doubt: mediation works. The benefit: thousands of |
| the other sends an answer. Each spouse exchanges | | | | dollars in attorney fees are saved. Money that could |
| financial affidavits, tax returns, paycheck stubs, and | | | | pay for rebuilt lives is not diverted to the bank |
| other types of documentation. The attorneys act as | | | | accounts of each attorney. Cases are brought to an |
| paperwork mills, churning and spinning out pounds of | | | | early end. And each party to the divorce ends up |
| identical documents into the postal system. Copies of | | | | having little or no contact with the court. |
| documents are filed with the court records office. | | | | |