How to Successfully Mediate Your Divorce

When a divorce is contested in Florida, meaning the two spouses cannot agree to the terms, mediation is mandatory. Mediation requires the two divorcing spouses to meet with a third party mediator. Mediators do not offer legal advice and they do not make any final decisions. Instead, their role is to foster communication and compromise between the two disputing parties so they can reach an agreement. If you can reach an agreement with your spouse during mediation, you can avoid going to court.

Regardless of how you resolve the terms of your divorce, you likely want them to be as favorable as possible to you. This likely holds true with mediation, as well. Below, our Orlando mediation lawyer explains how to ensure your sessions are successful.

Do Not Focus on Winning 

The most important thing to understand is that no side actually ‘wins’ during mediation. The purpose of the process is to reach an agreement that is favorable to both parties. You will have to make some compromises but because you have a say in the decisions made, the terms may still be more favorable than what you would secure in court. Due to this, if mediation is successful and you can settle your case, both you and your spouse can win during the process.

Set Realistic Goals 

Mediation is only necessary if you and your spouse cannot agree to the terms of divorce. While both you and your spouse can benefit from mediation, it is still important to set realistic goals for yourself. For example, you may want to pursue alimony during divorce. If you feel adamantly about this goal, you should consider what you are willing to give up in order to secure support.

Understand Your Assets and Liabilities 

You will have to make decisions regarding property division issues during mediation. To help with this, you should create a list of all the assets and liabilities in your name, as well as those in the name of your spouse. Just because an asset, such as a vehicle, is in one of your names only, it does not mean it is not subject to division during the divorce process.

Know When to Stop 

Mediation has many benefits and it is often very successful. Unfortunately, there are times when the process simply does not work. This can be frustrating, but it is important to remain calm and to be as positive as possible. Do not give in to certain terms simply to get the process over with, or just to avoid a divorce trial. This can result in unfavorable terms that can negatively impact you for years to come. If you feel as though mediation is not working, speak with your lawyer about your options and to determine if you should proceed with a trial.

Work with a Mediation Lawyer in Orlando 

Due to the fact that mediators cannot provide legal advice, it is critical to work with an Orlando mediation lawyer when going through the process. At Anderson & Ferrin, P.A., our experienced attorney can guide you through the process and negotiate with the other side to ensure you receive a favorable outcome. Call us now at 407-412-7041 or contact us online to schedule a consultation and to get more of the information you need.

Sources:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/0061.html

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0044/0044.html