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