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. Listen to Attorney Sanchez explain the process, below.
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?
When divorcing, many things can be settled in mediation. You can get very detailed about the terms of your divorce or family law case involving children such as, distribution of assets, alimony, custody and time-sharing schedules and payment options.
The most common issues that are mediated are:
Tampa Divorce & Family Law attorneys – Mediation Experience Counts
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, Attorney Sanchez will meet with you prior to mediation to walk you through the steps of what to expect suggesting the best options and advice 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, our objective as your divorce lawyers 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 divorce litigation and mediation is most always less expensive than litigation. Keep in mind however, if you reach an impasse in mediation in part or in full and proceed to trial, rest assured, we are formidable Tampa Bay divorce and family law litigation attorneys who will fight vigorously to protect your best interests.
Divorce or Family Law Mediation in Tampa Bay
If you are divorcing and need the best Divorce Attorney in Tampa, for you, choose an experienced negotiator and litigator. Nilo J Sanchez & Associates understands the process of family law mediation with regards to divorce, child custody and a variety of areas that encompasses Florida family law.