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