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Hire A Compassionate Family Law Attorney To Mediate Your Case
Family mediation is a method that allows members to work together to resolve a conflict without having to go to court. It is an opportunity to come to resolutions regarding divorce, assets, and child custody in a reasonable manner without litigation and a potentially lengthy court battle. The collaborative framework of divorce mediation provides both parties with a number of mutually beneficial advantages, including confidentiality of their personal information and information pertaining to the marriage, among a wide range of additional advantages.
What Is Mediation?
Divorce is often accompanied by considerable conflict, which typically impacts both spouses seeking to end their marriage. In certain instances, these disputes can be amicably resolved without resorting to litigation in family court. However, there are situations where the level of conflict is so pronounced that judicial intervention becomes necessary. Between these extremes lies the option of mediation, a structured negotiation facilitated by a neutral third party outside the courtroom. Unlike arbitration or a court proceeding, the outcome of mediation is determined collaboratively by the involved parties.
Should the mediation process yield no agreement, it will be deemed an impasse, and the parties may pursue the legal route to finalize their divorce.
If the parties agree during mediation, a mediated settlement agreement is prepared and filed with the appropriate court. This mediated agreement will be ratified by the court and subsequently it will become a court ordered agreement that carries the same enforceability as court orders resulting from a contested hearing.
It is crucial for those involved in the mediation process to recognize that mediated agreements will become court orders. Therefore it can empower each spouse and their respective attorney to formulate their own court order, thereby mitigating the risks and uncertainties associated with a contested hearing.
Howe Does Mediation Work?
All contested divorce cases begin with at least one point of contention. One spouse will want more alimony than the other is willing to pay, or the parties won’t be able to agree on a timesharing schedule for their child. Ultimately, one party may seek court intervention to prevent the other from taking actions they find objectionable.
Florida courts understand that divorcing couples may not agree on how to divide marital assets or split timesharing with their children, however, Florida law favors the settlement of martial disputes outside of the courtroom. Therefore, Florida family courts will mandate that the parties participate in mediation prior to scheduling a court hearing.
If mediation will produce no agreement, the parties can then proceed to present their cases before a Unified Family Judge.
What Are The Benefits of Mediation?
In many of cases, there are at least some issues in which the parties can compromise and find an agreement. This is where mediation has an advantage to traditional divorce hearings. With the help of a qualified mediator, divorcing spouses have the opportunity to maintain control over the outcome of their case. Mediation can be especially helpful in divorces that involve minor children. The Florida court system strongly favors amicable resolutions, either partial or complete, to be made between the parties without the need for judicial intervention.
Is Mediation Confidential?
Mediation in Florida is confidential. Confidentiality in mediation allows parties to ensure the protection and privacy of sensitive information that would be discoverable during the traditional judicial process. Although confidential, mediation is valuable for tailoring legal strategy of each spouse.
Do You Need An Attorney To Attend Mediation?
In instances where spouses cannot reach a mutual agreement during divorce mediation, the process is deemed to have reached an impasse. Subsequently, the case will advance to trial, allowing each party to present their arguments before a judge in family court. Regardless of whether one opts for divorce mediation or traditional litigation to dissolve the marriage, the most effective approach to achieving a successful divorce is to seek the guidance of a knowledgeable divorce attorney in Miami-Dade and Broward County.
We are prepared to assist you in all facets of your divorce case. Reach out to us today to begin the process. Please fill out our contact form or book a consultation by using our online calendar. Capizzi Legal, a new take on family law.