Family law mediation is a procedure designed to assist people who are separating, divorcing, or dealing with matters arising after divorce, to reach an agreement between themselves—privately, confidentially and informally. Mediation is for people who want to settle family disputes without going to court and without destroying whatever is left of their fragile relationships. It employs the skills of a neutral and impartial third party, called a mediator, who assists the individuals in making their own decisions by providing necessary information, clarifying issues, helping explore alternative solutions, and suggesting possible compromises. A mediator is licensed by the State of Florida under the authority of the Florida Supreme Court. Issues mediated may include; child custody, visitation and child support; alimony or spousal support; division of assets and liabilities (equitable distribution), health insurance; life insurance; and the tax impacts of various alternative decisions.
GOALS OF MEDIATION
To help the parties reach their own acceptable agreement by
fully exploring all choices. To avoid the need for a court-imposed decision (a
trial).To assist the parties in understanding the terms and future impact of
their agreement. To prepare the parties to anticipate, work through, and
resolve disagreements that might arise. To reduce anxiety and the negative
effects of going to court.
ADVANTAGES OF MEDIATION
Provides an opportunity for cooperation between the parties,
and allows the parties to resolve their own issues rather than relying
on a judge to make the decisions for them. Provides the parties with the
tools to structure an agreement in their own best interests. Minimizes the
potentially traumatic emotional and psychological effects, and financial costs
of a court trial. Helps with the exchange of information, ideas, and
alternatives for settlement between the parties.
HOW MEDIATION WORKS
The mediation process begins either with a court order or an
agreement of the parties. The court may not refer parties to mediation if
there is a significant history of spouse abuse or domestic violence. If
this is the case, you should inform your attorney or the mediator immediately.
The mediator, as a neutral and objective participant, plays an active role in
the mediation process by assisting individuals affected by the outcome and
their attorneys in reaching a settlement. Parties may mediate in the same room
or be separated into different rooms with the mediator going back and forth
between the rooms with settlement proposals. The mediator s purpose is to help
identify issues, develop bargaining proposals, and conduct negotiations with
the goal of coming to a settlement that meets the family s needs. The mediator
clarifies and organizes details, prompts discussion and cooperative communication,
and manages conflict. The mediator DOES NOT have authority to make any
decisions or issue any orders, but helps with the parties own decision-making
processes. After agreement has been reached, the mediator will draft a written
mediation agreement to be reviewed and signed by the parties and their
attorneys. If no agreement is reached, it is called an impasse, and the parties
leave with no agreement, which is an acceptable outcome.
THE ROLE OF FAMILY LAW LAWYER
Mediation is not supposed to replace an attorney experienced
in the area of marriage dissolution law for each party. Each party Is urged to
seek independent legal counsel because, although some mediators are attorneys,
the mediator is not authorized to give legal advice. The mediator's role is
neutral and not a substitute for independent legal advice. The mediator does
not represent either party, but focuses on helping the parties reach their own
agreement. While the decisions reached in mediation are made by the parties, it
is important that they be informed decisions. Attorneys may attend mediation
sessions, and most parties come to the mediation with their attorney. The
parties at all time s are permitted to communicate with their lawyers. If both
parties are aware of their respective legal rights and have been fully informed
by their own attorneys, the mediation process can be much more beneficial. Upon
completion of the mediation, the mediator will submit any agreement that has
been reached to the Court. Often all that remains to complete the case is a
brief uncontested final hearing at which time the Judge approves and
incorporates that mediation agreement into a final judgment.
COST OF MEDIATION
The mediator s fee is usually quoted on an hourly basis,
ranging from $150.00 per hour to $300.00 per hour. Both parties are encouraged
to share in the expenses. When mediation is court-ordered, the fee and person
responsible for payment are set by the court. Family mediation may be available
through the court at reduced cost based upon the parties income levels.
Mediation frequently is less expensive, both financially and emotionally, than
traditional litigation.
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