Divorce is never an easy experience, but alternative dispute resolution like mediation can help a divorcing couple resolve the situation more easily than they could expect in litigation. The mediation process in Florida is similar to private settlement negotiation for a civil claim for damages. If you want to take advantage of the benefits that mediation offers, it is vital that you hire a mediation lawyer right away.
Understanding the Mediation Process in Florida
Divorce is more than just ending your marriage contract. It is also a formal legal process of dividing marital property, establishing financial agreements for spousal support and child support if necessary, and determining custody and parenting time for your children. This is an emotionally stressful and often expensive process, and alternative dispute resolution can help you resolve the situation more easily than you could expect from litigation.
Both you and your spouse must agree to attempt mediation for this to be viable. It is a voluntary process that requires the consent of both parties, and both parties must be willing to engage in cooperative and constructive negotiation. Each spouse should hire a mediation lawyer, and the couple will need to secure a neutral mediator to facilitate their negotiations.
Mediation sessions will usually unfold at the mediator’s office or another private and neutral location. The mediator’s job is to guide negotiations, helping the couple address each element of their divorce and drafting a mediated agreement. At the conclusion of mediation, the couple then takes this agreement to the family court for a final review and approval before their divorce can be finalized.
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Benefits of Mediation in a Florida Divorce
According to a 2022 study from the National Center for Family and Marriage Research at Bowling Green State University, the divorce rate in Florida in 2022 was 14.99 per 1,000 married women in the state, slightly above the nationwide average of 14.56. Resolving a divorce can be challenging in several ways, and each divorcing couple will face unique challenges in their divorce proceedings.
Divorcing couples in Florida and throughout the United States are choosing alternative dispute resolution like mediation for several reasons:
- Mediation often results in lower legal expenses for divorcing spouses. While they will each need to hire respective attorneys and will need to pay for the mediator’s services, it can still result in less than they would spend in protracted litigation. However, the speed at which mediation can be completed largely depends on how agreeable the spouses are toward one another in their negotiations.
- Both spouses will have more control over the outcome of mediation compared to what they can expect in litigation. They can reach a more personalized divorce agreement than the court would likely allow, meaning they can address specific personal issues in a low-pressure environment.
- Mediation is less stressful and more flexible than litigation. Rather than heated disputes unfolding in a courtroom, mediation enables the divorcing couple to negotiate privately with greater flexibility. Sessions unfold at their convenience, and they are more likely to be able to talk through difficult aspects of their divorce during mediation sessions.
- Exploring mediation can also be beneficial to a divorcing couple’s children. Divorce is already challenging for the family, but when the parents are able to negotiate in a private, low-pressure environment, it can ease tensions at home. The parents can also stay more focused on their child’s best interests compared to the stress they are likely to face in the courtroom.
- Mediation is entirely private. When you litigate a divorce, everything said in every courtroom session enters the public record. By comparison, everything you and your spouse discuss in mediation remains confidential. Your divorce may require discussion of sensitive personal topics that both you and your spouse would rather not become public knowledge.
Ultimately, there are many potential advantages to exploring the mediation process in Florida. If you are unsure whether this will work for your divorce, you should speak with an experienced mediation attorney right away. The team at Shore to Shore Mediation can review the details of your situation and explain whether mediation would be a viable option for resolving your divorce in Florida.
FAQs
How Long Does Mediation Take in Florida?
The time that mediation will take in Florida largely depends on how willing the divorcing spouses are to negotiate and compromise. As long as both spouses are able to work collaboratively and engage in civil and constructive discussion, it is possible to resolve a divorce through mediation much faster than litigation.
Do I Need to Hire a Mediation Lawyer?
Yes, you should hire a mediation lawyer, and your spouse is likely to hire their own legal counsel. The mediator cannot provide any direct legal advice to you or your spouse. Their job is to facilitate negotiation and help you draft a mediated settlement. You need to have legal counsel on your side so they can protect your interests.
How Much Does Mediation Cost in Florida?
The cost of mediation in Florida will include your own attorney’s fees as well as the cost of hiring the mediator. Generally, family lawyers charge their clients hourly rates, so the more time they spend working on a case, the more the client pays in attorneys’ fees. Mediation can still be more cost-effective than litigation, even after accounting for the cost of hiring a mediator.
What Happens if Mediation Fails?
If mediation fails, or if the divorcing spouses cannot reach an agreement on every item their divorce entails, the case will need to proceed to litigation. It’s possible for the couple to reach an impasse in their negotiations. They may be able to negotiate some aspects of their divorce but not others. It’s possible to negotiate what you can do in mediation before proceeding to court to streamline divorce litigation.
Shore to Shore Mediation has years of experience guiding clients through some of the most challenging divorce cases in Florida, and we believe that there are many potential benefits of mediation for any divorcing couple. If you are unsure whether this would be a viable option for your divorce, contact us today to learn more about our services and how we can help with your case.
