Mediation is Mandatory in Florida Divorce
Family law judges understand that when couples enter mediation to resolve the terms of their divorce, it is far less likely that the case will end up in the courtroom. It is for this reason that in Florida, divorce mediation is not only recommended, it is mandatory. People often have many questions about mediation and wonder if it is better than entering litigation. Below, our Orlando mediation lawyer explains further.
What are the Pros and Cons of Divorce Mediation?
One of the biggest advantages of mediation is that it is less costly than going to a divorce trial. You will not have to pay court fees, and attorney fees are often lower for mediation than they are litigation. Disputes in mediation are also often resolved more quickly because you do not have to rely on the schedule of the court. Mediation is also more flexible than litigation. Instead of letting a judge make all of the final decisions, you and your spouse can reach a customized agreement tailored to your circumstances. This often works better for all parties.
Mediation is also less combative than going to court. This can make the divorce less stressful for all parties involved and result in better post-divorce relationships. This is particularly important when the divorcing couple has children together.
While mediation does have many benefits, there are also some drawbacks. If one spouse has significant power or authority over the other, such as when domestic violence is involved in a divorce, mediation may not be effective. When there are complications, such as a high net worth or an uncooperative spouse, this can also make mediation more challenging.
What is the Role of the Mediator?
Mediators do not provide legal advice, nor do they make any final decisions. Their only role is to try and facilitate communication and compromise between the two parties. The mediator remains neutral throughout the process and does not take sides. After both sides have reached an agreement on the different terms of divorce, the mediator will prepare a settlement agreement. The agreement is then submitted to the court for a judge to approve it.
Do You Need a Lawyer During Mediation?
You are not required to work with a lawyer during mediation, but it is always recommended that you do. Again, mediators do not provide legal advice. Your lawyer will inform you of your rights and negotiate with the other side to help you obtain the fairest settlement possible. A lawyer can also help you prepare for the process so you know what to expect.
Call Our Mediation Lawyer in Orlando Today
There are many benefits to mediation, including the fact that it may resolve your case faster and with less stress. At Anderson & Ferrin, P.A., our Orlando mediation lawyer can guide you through the process and provide the representation you need to obtain the best outcome possible. Call us now at 407-412-7041 or contact us online to schedule a consultation with one of our experienced attorneys and to learn more about how we can help with your case.
Source:
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0044/0044.html
