I Am Divorcing And I'm Considering Mediation. What Is The Mediation Process Like In Florida?
In general, a mediator can help you work through issues with your spouse without involving the courts. A mediator is a neutral party, and you and your former spouse can work with the mediator to get through issues like child support, child custody, alimony, and property division. Typically, each side has his or her own attorney to help through the process as well. During the process, your attorney can consult with you about how your case would fare in the courts.
The mediation process is not binding. Instead, it’s designed to help both parties come to an agreement, which can then be put into an agreement that can be approved by the court. If you two cannot agree, the issues are generally then decided by a court.
Using mediation can help resolve conflicts without an expensive court battle. Many courts now require mediation before a divorce case proceeds to trial. However, for mediation to work, both parties have to be willing to actively negotiate the terms of the settlement. If there’s a history of intimidation or domestic violence, mediation may not be appropriate. Also, if one spouse is suspected of lying about finances, mediation may not work.
If you are interested in using mediation to help with your divorce, you still need an attorney, and your attorney can refer you to a mediator. The mediator can help settle all issues of a divorce, so you need to take some time to consider what you really hope to achieve. You should make a list of everything you two have already agreed on, and what still needs to be settled.