Alternative ways to resolve a conflict


Mediation in a Florida Divorce: What is it Good For?

Whether you have considered filing fordiscuss the issues and potential
divorce, or are in the middle of oneagreements fully, without fear of being
now, you have heard of mediation. In aheld to a less favorable position in
Florida divorce, sooner or later youcourt if the mediation does not result
will go to a mediation, either beforein an marital settlement agreement.
you file the case; or during the caseMediation has several advantages. The
because Florida judges refer the casemost important advantage is probably the
prior to setting a date for trial. Thefact that each party keeps control of
question, then, what is mediation; andwhat the outcome will be. No one is
what good will it do in your divorce?going to be affected by the ultimate
Mediation is one of the alternatives tooutcome like you will be. So why put
litigation; in other words, anthe resolution of your case in the hands
alternative to a trial; and has severalof a third party---a judge--who does not
important advantages for you. You willknow you, and has hundreds of cases like
use a mediator, who will facilitateyours?
communication between you and yourAlso, while your attorneys are an
spouse. Mediators are not judges; theyinvaluable source of information and
cannot make you agree, they can simplyadvice, they don't work for free. We
help you to agree. This is veryall know what good legal advice can cost
important in litigated cases, where eachper hour so there is no point in
party (and sometimes their attorneys)discussing that here. But saving on
become rigid in holding their positionsattorney's fees is also a great
in a case, and may not consider certainadvantage in mediation because there is
weaknesses of their case because theyno need to continue litigating once you
are so close to the issues.have reached an agreement--the more
In Florida family mediators aremoney you save in attorney's fees the
certified by the Florida Supreme Court,more you can keep for you and your
although anyone may mediate your case ifchildren.
you and your spouse agree. A FloridaIn addition, studies show that parties
certified family mediator has taken theto a divorce are more likely to comply
required training in mediation,with the terms of an agreement they
including a 45-hour course, as well asparticipated in reaching then with the
satisfied other requirements. Mostterms of a final judgment. So, once
family law attorneys prefer a certifiedyour divorce is final, you are less
family mediator because usually he orlikely to go back into court to enforce
she is also a family law attorney, andthe terms of an agreement than you are
is familiar with family law. However,those of a final judgment.
in Florida, mental health professionalLastly, there is the advantage of
and certified public accountants maycutting your case short. Anyone who has
also become certified in family law ifmade their way through the court system
they comply with the requirements.is aware of the pressure and stress
Negotiations in mediation areinvolved. In a divorce, where many
confidential unless the law requires thetimes there are children involved, the
mediator to make disclosure. This meanslast thing a family needs is the
you cannot tell your judge what waspressure and stress of the process or
discussed in mediation. However, thethe lingering ill-feeling after the
law requires a mediator to disclosedivorce decree is final.
certain things, such as child abuse. In(c) 2007 Vivian Rodriguez. All Rights
any case, the confidentiality isReserved.
important because it lets the parties



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