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