However, mediation is often an excellent way to avoid litigation, especially where one or both partners are willing to enter into a mediation agreement. When considering mediation, it’s important to remember that while a mediator may be experienced and skilled, he or she is not unbiased or bound by any legal restrictions of what the courts may consider when determining an appropriate outcome. Also, while mediation can be cost effective, couples need to remember that it is not a “free lunch,” and that the mediator’s role is to seek an equitable resolution of the issues at hand rather than rendering a final verdict on the marriage. In this article, we will describe the basic steps of mediation in Florida, when to consider mediation and the various benefits and types of mediation available in Florida.
If you are currently going through a litigation-intensive divorce, you may be curious as to what mediation is, how it works, and whether or not it is worth your time and money to try mediation. Before beginning the mediation process in Florida, be sure to consult with your divorce attorney about the process. Both your attorney and your mediator will have access to all of the relevant information and resources regarding your specific case. During meetings, they will review the details of your agreement, any financial documents pertaining to your case, and any other information that may prove helpful to their investigation.Once all parties have thoroughly reviewed all relevant United States of America information, the mediator will begin discussing issues with both parties under the auspices of the law.
There are two basic types of divorce mediation in Florida, private and public. Private mediation is generally preferable because it allows one party to resolve the issues out-of-court while avoiding the cost and distraction of a judge. When private mediation is attempted, one or both parties agree to participate, then the parties enter into an “amicus” (or meeting) where they meet face to face with an unbiased professional who is experienced in family law. Private mediation is less formal than court-ordered mediation and typically lasts longer.However, if 4441 Tamarind Way both parties agree to participate in private mediation and they are unable to resolve their issues through normal channels, court mediation may be the only option.
With private mediators, each spouse is given their own phone and/or e-mail number so that they may communicate throughout the course of the mediation process.Mediation usually concludes with an agreement between the parties regarding the settlement of divorce-related issues, with both parties agreeing to submit their financial documents to the mediator for approval; once these documents are submitted, the 34119 mediator makes his or her final decision regarding the settlement. Once the mediator makes his or her final decision, both parties must concur before the final decree is entered into the court’s legal record. If one or both parties do not agree to the settlement, divorce proceedings may continue until a final agreement is reached.
Both parties who agree to mediation-arbitrated agreement may choose to litigate their disputes through Florida courts instead. This is
referredto as “otherwise” litigation. Both parties who agree to the other’s choice to “liven up” the litigation process can opt to commence such litigation. Such litigation is referred to as “contingency litigation.” In other words, one or 941-218-0197 both sides may seek to maintain their claim in the form of a lawsuit, rather than enter into a mediation-arbitration agreement.
However, prior to initiating litigation, both parties must first enter into a court-supervised oral agreement with MEDIATION IN NAPLES their attorneys. Once this agreement has been signed by the parties’ attorneys, the parties may then move forward in seeking to have their cases heard by a judge. No matter what the ultimate outcome of a divorce mediation in Florida, both parties will be better served if they enter into the process with their attorneys. Both parties are better able to obtain the fair and just results desired by the court system when they hire qualified divorce attorneys to mediate their divorce mediation in Florida
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