Family Law Mediation
Mediation in Florida is a collaborative process that aims to address and resolve litigation with the assistance of an impartial mediator. It is a mandatory step in Florida for cases involving family matters, including married and unmarried persons, before and after judgments involving dissolution of marriage; property division; shared or sole parental responsibility; or child support, custody, and visitation. Because of the sensitive subject matter of these types of cases, they often involve emotional considerations not usually present in other circuit civil cases. Accordingly, all family law mediators receive special training in family law mediation before being allowed to mediate family cases.
- Some of the topics that are typically discussed during mediation include:
- Timesharing arrangements/ Parenting schedules
- Child support matters
- Division of marital property and debts
- Alimony
During mediation, a specially trained and neutral professional, known as the mediator, facilitates discussions between both parties, guiding them towards mutually agreeable solutions for their litigation. If a party has hired an attorney, that attorney will accompany them through the mediation process. The attorney will be available to lend support and advice that the mediator can not provide.
Mediation offers parties an opportunity to engage in an out-of-court negotiation process that gives the parties the control to make decisions regarding their own lives rather than allowing a Judge to make that decision. Mediation can help litigating parties avoid a lengthy and adversarial litigation process.
One exception to the mediation requirement is that upon a motion or request of a party, a court shall not refer any case to mediation if it finds there has been a history of domestic violence that would compromise the mediation process.
The Responsibilities Of A Family Law Mediator
Family law mediators have the crucial role of facilitating discussions between parties involved in litigation. Mediators do not make decisions on behalf of the parties. Mediators assist the parties in reaching a mutually agreeable resolution to their conflict. Throughout the mediation process, the mediator remains impartial, ensuring both parties stay focused, clarifying disagreements and agreements, and guiding them toward finding solutions. It’s important to note that the mediator does not provide legal advice or counseling to either party.
How Is The Mediator Chosen?
Parties may use the Family Law Mediation program through the county if they fall within the income limit. Parties must have a combined income of less than $100,000 per year in order to participate in the Family mediation program through the county. It the combined income exceeds $100,000 dollars per year, the parties may enlist the assistance of a private
certified mediator. It is advisable for both parties to thoroughly research the background, experience, and training of potential mediators when making their selection.
Mediation or Litigation: Which is the Better Choice?
When it comes to resolving disputes, mediation often proves to be a superior option compared to litigation. Not only does it save valuable time,
energy, and money for both parties involved, but it also empowers parties to find their own solutions rather than relying on a judge to issue a decision. Mediation offers a more affordable, private, and efficient alternative to litigation.
Moreover, mediation brings forth additional advantages, such as:
- Granting freedom and independence to craft mutually agreeable solutions
- Providing a platform to address and work through grievances and disagreements
- Minimizing trauma for children caught in the midst of divorce or paternity
disputes - Facilitating communication and overcoming obstacles
- Ensuring enforceability of agreements reached through mediation
- Upholding confidentiality throughout all mediation discussions
By choosing mediation over litigation, individuals can navigate litigation proceedings with greater control, collaboration, and confidentiality, ultimately paving the way for a more amicable resolution.
- Having an experienced lawyer like Raymond Grimm during mediation provides several benefits, such as:
- Comprehensive legal advice and guidance.
- Help you comprehend each dispute in your case.
- Address all of your legal inquiries.
- Review all of your information and assist you in staying organized.
- Aid you in preparing for mediation.
Contact Raymond S. Grimm, Esq. P.A. Today
Call Raymond S. Grimm Esq. P.A. today at (941) 423-7897 or complete our online contact form for a complimentary consultation.
