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The Value of Mediation in a Florida Divorce
If you and your spouse have decided to divorce, you may want to begin your separate lives as soon as possible. Divorce is never easy, but the process may be less traumatic for both parties by working for an amicable settlement through mediation. The alternative is a trial before a judge. Through mediation, you may be able to avoid having a judge decide your family law case. There are various benefits to that approach.
The Mediation Process
Mediation is court ordered in Florida divorce cases and typically occurs in the first few months after the case is filed. The parties need to complete the Florida mandatory financial disclosure, at a minimum, before proceeding to mediation. In an informal atmosphere, spouses meet with a professional, impartial mediator during divorce mediation. Although sessions frequently take place in the mediator’s office, there are several ways to take part in online mediation. Whatever the structure, the mediator assists the couples in resolving their differences, including, among others, custody, child support and how to split property. The mediator then notifies the court of any agreement, or the lack of an agreement.
Benefits of Divorce Mediation
Amicable Solutions are More Likely to Last
The goal of mediation is to avoid the need for a judge to decide the issues in the case by allowing the parties to agree upon terms of a settlement. The lines of dialogue are kept open and creative, original ideas are generated to address disputed issues. The adaptability enables a collaborative approach as opposed to a hostile engagement that leaves everyone at odds due to courtroom battles. Studies show that amicable resolutions tend to be longer lasting and are less likely to end up back in court for enforcement or modification cases.
Flexible Solutions
Mediation can provide a platform for unique solutions that a trial does not. You may decide how you want to divide the assets and take care of child related matters if you and your partner agree on a parenting plan. Mediation allows a lot of freedom in this regard, whereas a judge must follow strict legal requirements at a trial. The stress in negotiation can be greatly reduced by this flexibility.
Minimizes Stress
Courtroom litigation involves court appearances, testimony, confrontations, and evidence. The goal of mediation is to avoid the stress and cost of these steps by giving the parties an opportunity to resolve the case through a Marital Settlement Agreement.
Confidentiality
Courtroom litigation will create a public record of the disputes that gave rise to the court hearings. For those who want to file for divorce in court, there is virtually little privacy. Nobody wants to air their dirty laundry in front of others. For those who treasure their privacy, a divorce by trial might not be the best choice.
Mediation is Cost Effective
Divorce Mediation may be far less expensive than a divorce trial. If the case does not settle at mediation, then a trial will be necessary. Trials involve a substantial amount of preparation by the attorney as he or she prepares to examine witnesses, collect and present evidence, etc. A mediated agreement avoids all of these steps since the parties have resolved their disputes without the need for a trial.
Divorce Mediation – A better alternative
We have extensive experience with divorce mediation in Florida. Consult with an experienced attorney at The Wheeler Firm to determine how we can help you prepare for mediation and protect your rights in your Florida divorce or family law case. Call (850) 613-6923 or click HERE to schedule a consultation.
WHY CHOOSE US?
Led by experienced family law attorney, Andrew D. Wheeler, The Wheeler Firm is committed to the protection and security of every client. We work to ease the stress of family law litigation, protect our client’s interests, and focus on proven results. With more than 15 years of experience litigating every form of family law case, and representing thousands of individuals and their families, we promise exceptional representation and advocacy. Call us at (850) 613-6923 for a consultation.
