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Family Mediation
Mediation is a
confidential, non adversarial meeting designed to assist the
parties in reaching a mutually acceptable and voluntary
agreement. It is the process in which a neutral third personal
acts to encourage and facilitate the resolution of a dispute
between two or more parties.
A mediator is a
neutral third party who facilitates the mediation process.
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Mediation is
Informal & Non-Adversarial
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Negotiations in
family mediation are primarily conducted by the parties
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Attorneys for
each party may attend the mediation, however, you are not
required to be represented by an attorney
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Decisions made
during the mediation process are made by the parties
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If an agreement
is reached, it will be reduced to writing and forwarded to the
court
Mediation v.
Litigation
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Mediation |
Litigation |
|
Confidential |
Public
Record |
| Private
and informal |
Formal,
rule oriented |
| Parties
take the lead |
Attorneys
take the lead |
| Rarely any
witnesses, few documents |
Many
documents and witnesses |
| Parties
decide through negotiation |
Judge
makes rulings based on rules of law |
| Less
hostile |
Increases
tension and hostility |
| Agreement
made by the parties is mutually acceptable |
Decision
by the judge may be appealable to another court |
| Less
expensive |
More
expensive |
Role of the Mediator
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Assist the
parties in identifying the issues
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Foster joint
problem solving
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Reduce obstacles
to communication
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Explore
Settlement Alternatives
Qualifications for Mediators
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The Supreme
Court shall establish minimum standards and procedures for
qualifications, certification, professional conduct,
discipline and training for mediators
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For a complete
list of the necessary qualifications, please visit the
following website:
www.supremecourtus.gov
We can address
several issues in mediation, including:
Mediation is a
confidential process. Most communication during a mediation
conference is confidential, with some exceptions, including
but not limited to:
1. When a party
plans, commits or attempts to commit a crime, conceal criminal
activity or threatens violence
2. Requisite mandatory reporting pursuant to Fla. Statute
Chapter 39 and/or 415
Frequently asked Questions
If I choose mediation, will I still need
a lawyer?
A lawyer is not necessary but most mediators recommend that
you check with your own attorney if you have any questions
that cannot be answered by a mediator. This is especially
important if your case involves substantial property or legal
rights, however, you may want to consult with a lawyer before
the mediation to discuss the legal consequences of possible
settlement terms. You may also want to make a lawyer's
approval a condition of any agreement you reach during the
mediation.
What are the benefits of mediation?
Using mediation to negotiate an agreement is almost
always less time consuming, costs less, and results in a more
solid agreement than using a lawyer to take the same case
through the courts. This is very true when the two parties can
agree on the settlement. For some couples, however,
negotiating directly with each other, even with the help of a
mediator, is not possible -- either because of problems or
because a spouse is unwilling to mediate. Even if you decide
to mediate, you may want to hire a lawyer in a limited
capacity to consult with you outside of the mediation. Many
mediating spouses find it helpful to work with a consulting
lawyer who can offer legal advice and review the settlement
agreement before it is signed.
To schedule a mediation, both parties
must contact the office to select a mutually agreeable date
and time. Mediations are typically scheduled for half day
sessions. Most parties come to an agreement within one to
three sessions, depending on the complexity of the matter. The
hourly rate is divided equally by the parties. Please call for
our current rates.
386.253.4720
Calls answered 24 hours a day!
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