Mediation in Florida Divorces – Required and Beneficial
When you are divorcing in Florida, it’s required for spouses or unmarried parents with children to attend mediation prior to a final hearing. Although a family law Judge can waive the process, mediation remains one of the best tools your attorney can utilize. In fact, with the cost of litigation and time involved waiting on the courts that are overwhelmed with family law cases, mediation can be more cost effective. Settling a case via mediation can also ensure success and compliance after the final order is entered. This means when a couple comes to an agreement on issues of child support, alimony, timesharing and asset division, it’s less likely either one will default or end up back in court after the case is finalized. Thus, mediation should not be viewed as a negative thing, but a tool that can be extremely beneficial for couples who are divorcing in Tampa Bay.
Florida Divorce Mediation Requirements
Although mediation with a court approved mediator is required by law for divorcing couples and certain family law cases, it can be waived by a Judge under special circumstances.
Who is the Mediator? – A mediator is a neutral party who helps divorcing couples or unmarried parents with children come to a mutual agreement. There are specific qualifications and guidelines that a court ordered mediator must follow:
- Remain neutral to both parties
- Cannot force either party into an type of agreement
- Works for the mutual good of the parties involved
- Must keep all conversations confidential according to Florida Law
What gets settled at mediation?
Many things can be settled in divorce mediation. You can get very detailed about the terms of your divorce or family law case involving children such as, distribution of assets, time-sharing schedules, parenting plans and payment options.
The most common issues that are mediated are:
Divorce mediation skills should be something you look for in a Tampa Family Law Attorney.
Not every Tampa divorce attorney has the skill to help their clients reach a settlement through mediation. It’s important that your family law attorney has the expertise to mediate with the opposing counsel on your behalf.
In formal mediation, a mediator acts as a neutral party in your case, but your family law attorney should possess the ability to mediate and negotiate the terms of your case with the opposing counsel. It is almost always a preferred approach in a divorce case. When mediation is possible, it should be utilized in an effort to obtain the relief you are seeking.
What Happens When You Attend Mediation?
If you and your spouse do end up attending court ordered mediation, I will meet with you prior to mediation to walk you through the steps of what to expect. I will suggest the best options and provide advise based on the specific attributes of your case. Helping you to foresee what your spouses desires and responses to various aspects of your case can calm the waters and help you to react appropriately. Although no attorney can guarantee an outcome, my objective as your divorce lawyer is to help you to achieve the best results and the relief you desire in your divorce or family law case.
Mediation truly does open the lines of communication between divorcing spouses or unmarried spouses with children. Mediating a case can help you to explore options and alternatives to disputes or concerns without forcing anyone into specific terms. It is generally a much more peaceful alternative to litigation and again, mediation is most always less expensive than litigation.
Tampa Family Law Attorney – Questions about Divorce Mediation?
If you are divorcing and need a Family Law Attorney in Tampa , Florida who understands the process of mediation, contact the Law office of Nilo J Sanchez & Associates to explore your options.
With decades of experience in Florida family law, we believe that nothing is more important than your family.