| Whether you have considered filing for divorce, or are | | | | parties discuss the issues and potential agreements |
| in the middle of one now, you have heard of mediation. | | | | fully, without fear of being held to a less favorable |
| In a Florida divorce, sooner or later you will go to a | | | | position in court if the mediation does not result in an |
| mediation, either before you file the case; or during the | | | | marital settlement agreement. |
| case because Florida judges refer the case prior to | | | | Mediation has several advantages. The most important |
| setting a date for trial. The question, then, what is | | | | advantage is probably the fact that each party keeps |
| mediation; and what good will it do in your divorce? | | | | control of what the outcome will be. No one is going to |
| Mediation is one of the alternatives to litigation; in other | | | | be affected by the ultimate outcome like you will be. |
| words, an alternative to a trial; and has several | | | | So why put the resolution of your case in the hands of |
| important advantages for you. You will use a mediator, | | | | a third party---a judge--who does not know you, and |
| who will facilitate communication between you and | | | | has hundreds of cases like yours? |
| your spouse. Mediators are not judges; they cannot | | | | Also, while your attorneys are an invaluable source of |
| make you agree, they can simply help you to agree. | | | | information and advice, they don't work for free. We all |
| This is very important in litigated cases, where each | | | | know what good legal advice can cost per hour so |
| party (and sometimes their attorneys) become rigid in | | | | there is no point in discussing that here. But saving on |
| holding their positions in a case, and may not consider | | | | attorney's fees is also a great advantage in mediation |
| certain weaknesses of their case because they are | | | | because there is no need to continue litigating once |
| so close to the issues. | | | | you have reached an agreement--the more money |
| In Florida family mediators are certified by the Florida | | | | you save in attorney's fees the more you can keep |
| Supreme Court, although anyone may mediate your | | | | for you and your children. |
| case if you and your spouse agree. A Florida certified | | | | In addition, studies show that parties to a divorce are |
| family mediator has taken the required training in | | | | more likely to comply with the terms of an agreement |
| mediation, including a 45-hour course, as well as | | | | they participated in reaching then with the terms of a |
| satisfied other requirements. Most family law attorneys | | | | final judgment. So, once your divorce is final, you are |
| prefer a certified family mediator because usually he | | | | less likely to go back into court to enforce the terms |
| or she is also a family law attorney, and is familiar with | | | | of an agreement than you are those of a final |
| family law. However, in Florida, mental health | | | | judgment. |
| professional and certified public accountants may also | | | | Lastly, there is the advantage of cutting your case |
| become certified in family law if they comply with the | | | | short. Anyone who has made their way through the |
| requirements. | | | | court system is aware of the pressure and stress |
| Negotiations in mediation are confidential unless the law | | | | involved. In a divorce, where many times there are |
| requires the mediator to make disclosure. This means | | | | children involved, the last thing a family needs is the |
| you cannot tell your judge what was discussed in | | | | pressure and stress of the process or the lingering |
| mediation. However, the law requires a mediator to | | | | ill-feeling after the divorce decree is final. |
| disclose certain things, such as child abuse. In any case, | | | | (c) 2007 Vivian Rodriguez. All Rights Reserved. |
| the confidentiality is important because it lets the | | | | |