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

Whether you have considered filing for divorce, or areparties 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 aposition in court if the mediation does not result in an
mediation, either before you file the case; or during themarital settlement agreement.
case because Florida judges refer the case prior toMediation has several advantages. The most important
setting a date for trial. The question, then, what isadvantage 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 otherbe affected by the ultimate outcome like you will be.
words, an alternative to a trial; and has severalSo 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 andhas hundreds of cases like yours?
your spouse. Mediators are not judges; they cannotAlso, 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 eachknow what good legal advice can cost per hour so
party (and sometimes their attorneys) become rigid inthere is no point in discussing that here. But saving on
holding their positions in a case, and may not considerattorney's fees is also a great advantage in mediation
certain weaknesses of their case because they arebecause 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 Floridayou save in attorney's fees the more you can keep
Supreme Court, although anyone may mediate yourfor you and your children.
case if you and your spouse agree. A Florida certifiedIn addition, studies show that parties to a divorce are
family mediator has taken the required training inmore likely to comply with the terms of an agreement
mediation, including a 45-hour course, as well asthey participated in reaching then with the terms of a
satisfied other requirements. Most family law attorneysfinal judgment. So, once your divorce is final, you are
prefer a certified family mediator because usually heless likely to go back into court to enforce the terms
or she is also a family law attorney, and is familiar withof an agreement than you are those of a final
family law. However, in Florida, mental healthjudgment.
professional and certified public accountants may alsoLastly, there is the advantage of cutting your case
become certified in family law if they comply with theshort. 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 lawinvolved. In a divorce, where many times there are
requires the mediator to make disclosure. This meanschildren involved, the last thing a family needs is the
you cannot tell your judge what was discussed inpressure and stress of the process or the lingering
mediation. However, the law requires a mediator toill-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